Sarahdactyl vs Nationwide

[sarahdactyl]

Hello! I'm new here and still finding my feet so please forgive any foolish questions!

 

I sent off the Data Protection letter and my cheque and Nationwide sent me the most glorious binder featuring all my copy statements (Much better than the pile of paper Barclays sent me, all in small print!) and I have now trawled through it and discovered that Nationwide have charged me.......£639.40 over the last 6 years.. ouch!

 

I closed my Nationwide account shortly after Christmas and paid off all the charges, I was livid as they kept mentioning more and more every time i went in to try and close it - I was only 20 quid over my OD limit, forgot about the account and it spiralled it would appear.

 

Anyway.... I am now going to send them the next letter. Do I need to fill in a spreadsheet to go with it (If so, which one?) or can I just type in a list of charges with dates into my letter?

 

Thanks in advance for any help

[dolly]

Hi and welcome

 

It is best to fill in the spreadsheet, the simple reason being that you don't need to do it again later when it comes to claiming the 8% interest rate at the moneyclaim stage (and it is gratifying to see how much extra you will get back!)

 

Keep us updated

[sarahdactyl]

Doh - must have added up wrong the first time, it actually comes to 569.50 - still a significant enough amount of money for me to be cross though!

 

(And 93.60 in interest)

 

I will be sending them a letter tommorrow along with a print out of the charges from the spreadsheet, minus the interest.

[sarahdactyl]

Right, letter was sent last Thursday and so as I gave them 14 days to respond I am expecting a response on Thursday 7th September.

 

I have written the next letter already in anticipation.

[dolly]

Keep us updated

[sarahdactyl]

Well, unsuprisingly there was no response from Nationwide at all to my first letter so looks like we're on to the next one!

 

I'll send it tommorrow using signed for so I can track that it's been received and then we'll see how it progresses from there!

[sarahdactyl]

Actually... who should i send it to? I sent the last one to:

 

Nationwide Building Society

Member Account Servicing

1st Floor Electra House

Farnsby Street

Swindon

SN2 1SR

 

Should this one go there or to:

 

Charles Bacon

Solicitor

Legal Compliance (Corporate Affairs)

Nationwide Building Society

Nationwide House

Pipers Way

Swindon

SN38 1FN

 

?

[Jackal]

not sure , must admit all my letters have gone to my local branch where my account is

[dolly]

Send it to either. Personally I would use the first one for this letter and the Pipers Way address for your court claim.

[sarahdactyl]

Wonderful - will send it to the first address this afternoon!

[sarahdactyl]

Just out of curiosity.... because I have closed my Nationwide account and so they can't pay the money in, will they send me a cheque instead?

 

I ask only as people have been getting multiple payments into their accounts, would there be multiple cheques do you think?

[debt_mountain]

Sarahdactyl, I sent the LBA the same day as you, so we will need to see who gets the payout first.

 

I am predicting 10th Oct for first payment?

 

My Court Papers are sitting ready to post Special Delivery (I am based in Scotland so have to do it by post).

 

Good luck.

[sarahdactyl]

I won't be able to file a moneyclaim until start of Oct though as don't get paid til then i can't afford the court fees!

 

Rubbish!

 

You'll have to let me know how you get on as you'll be doing everything slightly before me - Good Luck!

[debt_mountain]

I will have to borrow the £250 (my claim if for over £5000) from Mrs Debt_mountain. I am expecting MBNA to payout before then so may be able to finance it with the MBNA cash.

 

Its a shame there isn't a fund we could borrow the fees from as they are guaranteed to be paid back. you could always ask Nationwide for an increase in overdraught and tell them what it is for:cool:.

 

At least with me just days before you you can see what to expect. Going on recent Nationwide activity they pay about 50% after approx 10 days from the court papers, then a couple of days before going to court stump up the rest.

[sarahdactyl]

Still received no response from Nationwide to either of my letters! Feeling a bit left out to be honest - every one else is getting letters about the T&Cs and no answers.

 

Weird... Nationwide must really hate me

 

After all, they did cut up my cards in front of everyone else in the bank leaving me not enough money to get home once!

[sarahdactyl]

Still no response from Nationwide to either letter sent! I sent them both "signed for" and the royal mail site says the below for both of them

 

"Your item with reference ************* was delivered from our DORCAN Delivery Office "

 

Dorcan delivery office is nice and close to Nationwide in Swindon.

 

I'm assuming they've got them then... wonder why no reply!

[sarahdactyl]

Right, no response from Nationwide and I have been paid so I will submit my moneyclaim on Monday.

 

Do I put the following on the moneyclaim?

 

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).

Also, where would I put that I require payment by cheque? I no longer have a Nationwide account.

[Michael Browne]

Claimant had account (A/C No) with Defendant from (Date a/c opened)

 

The above POC will only just fit on moneyclaim, so you'll have to insist on a cheque when they settle

[sarahdactyl]

Once I've filled out the moneyclaim online form is there anything else I need to do? Do I need to send the court a list of all the charges or is the text above enough?

[ukwebgirl]

Nothing else to do Sarahdactyl. Just sit tight and wait for good news!

 

You should be send cheque automatically.

 

Best of Luck

ukwbg

[Michael Browne]

Do I need to send the court a list of all the charges or is the text above enough?

 

Yes,send 2 copies clearly marked with your claim no. + brief covering letter to

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[ukwebgirl]

MMnn... not sure you need to do this. I didn't (neither did lots of others.)

Have just paid my cheque into bank this morning.

Foxy

Please feel free to correct me if i'm wrong but I didn't read that you have to do that anywhere in the procedures.

[JS Conwy]

Weird... Nationwide must really hate me

 

After all, they did cut up my cards in front of everyone else in the bank leaving me not enough money to get home once!

 

I don't think this is personal - Alison (B***H) in recoveries made me cry in front of the branch for 20 minutes before she let me have half of my money as I had to feed the kids (both of whom were with me, one in a buggy!) The husband had gone overdrawn on the Flex big time, this was money from the cashbuilder, Childrens Tax Credit!

 

JS

[sarahdactyl]

Claimant had account ******* with Defendant from 1998 conducted on their standard terms and conditions. Claimant is claiming the return of £569.50 taken by Defendant in charges over 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 16/01/2002 to 03/10/2006 of £98.61 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.13.

 

I'm going to submit this tonight, is the above all ok?

 

Do i tick yes or no to :Do you want to reserve the right to claim interest?

 

 

It's yes isn't it?

 

And also, amount claimed is the total amount isn't it? Bank charges plus interest?

 

Thanks for any help!

[sarahdactyl]

Please can someone assist and confirm this all looks ok before I proceed? I'm a bit nervous