Changing claim amount from Prelim to LBA

[sarahpp]

Hi Redsue

 

Just popping my head around the door to say hi and good luck.

 

Everything got seriously confusing re contractual but, if you still intend to use mutuality and reciprocity as an argument I have 3 OFT findings which may be useful for your bundle. Please let me know if you want them.

 

Best Wishes

 

Sarah

[redsue]

taylormandy - good luck! I can't believe Nationwide haven't sent their court bundle I hope the judge looks on them badly due to their non-compliance - messing about with court time. Let us know how you get on.

 

Sarahpp - I'd be really grateful if you send them over to me, thanks as always

[taylormandy]

Hi Redsue

 

Just popping my head around the door to say hi and good luck.

 

Everything got seriously confusing re contractual but, if you still intend to use mutuality and reciprocity as an argument I have 3 OFT findings which may be useful for your bundle. Please let me know if you want them.

 

Best Wishes

 

Sarah

 

Thanks for your best wishes redsue! I hope you don't mind me hijacking your thread, but Sarahpp - would it be at all possible to have copies of those OFT findings? I presume that as Nationwide have not sent me their bundle, I am at liberty to take new information along to the hearing.

 

Again, apologies, redsue! I won't do it again!

[redsue]

you're welcome taylormandy - anytime

Keep us posted x

[sarahpp]

Sorry guys- yes, I will PM you both with the info. I have been trying to find the best format. I think it is best to send you the link to the whole doc and then list down the relevant cases - some of which relate to penalty charges and others to recipricol contract terms.

 

I will get this through to you later today

 

Sarah

[paulwilko]

I know its a long thread but all the info is here - to recap

 

I have claimed contractual interest at 24.9% unauthorised rate, Nationwide so far have paid me back all my charges plus (by my calculations) contractual interest at 7.75% authorised rate.

They claim in their defence they have paid me S69 8% simple interest.

I have sent back my Allocation questionnaire to the court and Nationwide filed their allocation questionnaire A MONTH LATE. I also asked in a reponse to their defence that their case be struck off for various reasons

http://www.consumeractiongroup.co.uk/forum/post-424681.html

 

We are now at the stage where I have an allocation hearing with the judge in May to decided small claims or multi track.

Nationwide are trying to scare me my asking for it to be transferred to the other court as their costs will be £2500 and it will take one whole day.

Me on the other hand says it will take one hour in the small claims.

I have written to Nationwide on 2 Feb to ask them for a complete breakdown of their calculations and a copy of their terms and conditions - and lo and behold I'm still waiting....

I'm about to write a letter to them again asking to supply information that I need for my forthcoming court case.

Nationwide have so far been absolutely shoddy in both their reponses and organisation - how can it be fair that the court allows them a whole month to file their AQ late?

So at the moment I am spending a lot of time researching my arguments and waiting until May for my allocation hearing....

HIya Redsue

 

When did you get your AQ ?

 

I have heard nothing other than they have paid some of the claim into my account.

I cant quite work out what they have paid. I know they have paid all charges but then another payment has go into my account which i cant quite work out. It is almost 7.75 % plus court costs, but its about £20 short.

 

I too am claiming 24.9 contractual.

 

They have until next wednesday (14th march), then the 28 days is over.

 

What can i expect ?

 

Thx

 

Paul

[redsue]

When did you get your AQ ?

 

http://www.consumeractiongroup.co.uk/forum/nationwide/28574-authorised-interest-unauthorised-interest-5.html#post395682

 

They have until next wednesday (14th march), then the 28 days is over.

Sorry paulwilko, what for? What do they have to still do in your case?

 

What can i expect ?

A long and drawn out process in the hope that you get bored and give up! I'm waiting to hear back from them regarding the figures they have used to pay up. Sent them a letter on 2nd Feb and still waiting...

[Quest]

Hi Redsue,

 

how did you get on with the Nationwide? Did they file a defence or did they default?

 

Be very interested to hear how you got on as I believe Im about a week behind you

 

Quest

[redsue]

Quest - they filed a defence - all the details are in my thread - I filed my court claim back in Oct - I'm waiting on an allocation hearing which isn't until May and getting my information ready for then.

[Quest]

Hi Redsue,

 

Nationwide have just filed a defence to my claim. I claimed for CI plus charges and court fees....they paid charges, court fees and statutory interest.....so Im virtually in the same position as you, albeit some way behind you.

 

I looked at your original AQ and wondered if you could shed some light on why you think the court didnt strike out their defence as 'no defence' as you stated (i.e. I take it all they said was that they had paid in full...when in fact they hadnt!).

 

I suspect NW will try the same tactics with me so I have to prevent them from getting 1) an allocation hearing; and if that fails 2) stop them having the claim Fast Tracked.

 

Any suggestions / advice, particularly wrt what to enter on the AQ..... would be much appreciated.

 

Quest

[redsue]

right quick update - I am getting so bored with this game

 

Sent letters asking for a complete and thorough breakdown on how they arrived at the figure of £545.90 to 'cover loss of interest'

 

Sent letter by registered post to NW on 2nd Feb - ignored

Sent letter by registered post to NW on 26 Mar - ignored

Emailed Charles Bacon - ignored

Rang Charles Bacon and left voicemail - ignored

 

Way to go Nationwide!

Finally decided to ring them to find out what the hell was going on on 16 April and they said they would get my file and look into it but they are convinced they only paid me 8% statutory - not from my calculations.

Rang again today as still not received anything - and they are having to archive my file - yawn yawn

 

I'm thinking of calling it a day on this one as unless your claim is intact I don't think from past experiences any judge is gonna side with us.

 

I also now have a 'bun in the oven' :-D and can't be bothered playing games with NW anymore I've much more interesting things to think about.

 

However, I'm going after them for pre 6 years and have just sent them a letter regarding my account closure - apparently it will cost them £300 if I involve the Financial Ombudsman

 

So I think you can FINALLY change this thread to WON - as I did get over £2800 off the blighters!!

 

Will let you know how they arrived at their figures when I finally receive them, some time, next year........

[lori1]

hi redsue................and congratulations to both your win and the bun!!

[bill-k]

Hey Redsue...

 

DOUBLE CONGRATULATIONS !!!

 

 

 

I think you have done the right thing. Whilst I dislike the idea of allowing the banks to decide how a settlement is determined or agreed, I think you have a more important settlement from Mother Nature to attend to now !!

 

I won't be able to help with the figure(s) on that one, but suffice it to say that interest is accruing daily !!

 

Bless you.

 

Bill.

 

XXX

[redsue]

thanks Lori1 that's really kind of you

NW rang me back this afternoon saying they can't action my request unless I send them another letter or fax it over to them - unbelievable!

[chezt]

thanks Lori1 that's really kind of you

NW rang me back this afternoon saying they can't action my request unless I send them another letter or fax it over to them - unbelievable!

fax it/re-send it! 500 squiders will buy a lot of nappies!

 

Congratulations on your bun ... is this your first?

[redsue]

ha ha - no its my second - we have a son who will be 6 be the time the new sprog comes! So yes, its back to nappies, wipes and carrying the contents of your house around in a bag with you.

I'm faxing all the letters back over this morning - is there anything I can tell the courts with regards to NW being obstructive and not supplying relevant information to my case?