Fuzzgun vs Nationwide *WON*

[fuzzgun19]

ok, thanks, I couldnt get it to look right would like to post it properly so u guys can see.

[fuzzgun19]

Im not sure if i should be adding this 8%

 

I dont want to add it, then be wrong and end up losing the case.

 

As far as I can see I havent been charged interest for going into the red, only -

 

Unauth overdraft fees

Unauth standing order fees

Unauth direct debit fees

 

I have only been charged an interest charge for 1p on two occasions.

 

Please could someone tell me in simple terms, as its not going in lol

 

Sorry for being a pain, but i dont want to get this wrong.

[AndyE]

Don't worry - it is confusing.

 

You can add the 8% interest if you submit your claim to court. You don't put it on the letters of claim before the court stage.

 

The reason for adding the interest is that the money was yours anyway and if you'd had it it could have been earning interest for you and not the bank.

 

Basically the law says you are entitled to the 8% figure so you might as well claim it, it's not like the bank is hard up!

[fuzzgun19]

Thankyou Andy.

 

I thought maybe you could only claim it if you had a 'monthly charge for being in your overdraft' - which I dont, and dont have an overdraft.

 

I will go ahed and claim it then when i come to fill in the moneyclaim form.

 

Thankyou for your help.

[fuzzgun19]

Does anyone know the answer to this one -

 

I have 5 accounts with nationwide

 

2 flex accounts

1 joint flex account

1 e-savings

1 ISA

 

If/when I win my case with the one account with charges, if they close this account, will they close all my other accounts too???

 

Thanks

[fuzzgun19]

Just sent off my LBA letter today! Thats 14 days to get my Moneyclain sorted.

 

Does anyone have an answer to my above question?? Incase I need to open more parachute accounts...

 

Thanks

[sarahpp]

I know that Nationwide are likely to close your flexaccounts and they will try to justify it by saying that you obviously don't agree with their terms and conditions so, they don't want to be your friend anymore. However, I don't see how they could justify closing your savings/ISA accounts because they don't have the same facilities - how could you overdraw them for example?

 

I think if they tried to close your savings accounts you would be able to argue that they shouldn't for this reason and even if they do I am sure you can find savings accounts paying comparable rates of interest. Closing an ISA without proper justification could cause them problems as it would mean that they have taken away your opportunity for tax free savings for whichever tax year it applied to.

 

Hope this helps

 

Sarah

[fuzzgun19]

Thanks Sarah.

 

I am preparing my claim on the moneyclaim.gov.uk website ready for the 19th.

 

Please could somebody tell my if this is correct.. I think it is, but just want to be sure.

 

Claimant has account ********with

Defendant from May 2001 conducted on their

standard terms and conditions. Claimant is

claiming the return of £989.52 taken by

Defendant in charges and interest on the

said charges over the past 5 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

21/05/2002 to 27/06/2006 of £222.03 and

also interest at same rate up to the date

of judgment or earlier payment at a daily

rate of £0.22p.

 

Also, will I somehow need to submit a schedule of charges online too?

 

Thanks in advance!

[fuzzgun19]

Received another Fob Off letter in answer to my LBA.

 

"We are comfortable that Nationwide has been completely open & transparant...bla bla"

"If you feel you are unable to abide by t&c's, it may be appropriate time to consider changing to another provider"

 

I'm due to submit the above post to MCOL on 19th Oct.....

 

Wish me luck!

[redsue]

good luck - I filed on 9/10 - so they should be busy over next few weeks...

[fuzzgun19]

MCOL claim submitted 19/10/06 @11.50am

 

Claim number 6QZ75169 - Fee paid £80

 

Now NW has 14 days to respond.... we shall wait and see......

[rachel 92]

I filed mine on Tuesday so yes I guess they are snowed under at the moment. Hope its not too long before they payout. Good luck to you.

[Cazziebo]

Not if, Fuzzgun - when!!!!

 

 

 

Does anyone know the answer to this one -

 

I have 5 accounts with nationwide

 

2 flex accounts

1 joint flex account

1 e-savings

1 ISA

 

If/when I win my case with the one account with charges, if they close this account, will they close all my other accounts too???

 

Thanks

[fuzzgun19]

MCOL Claim now showing as 'Requested'

 

[sarahpp]

They seem to issue fairly quickly- their site tends to be updated after 10am if that helps. Mine was issued the working day after it was accepted.

 

Good Luck

 

Sarah

[fuzzgun19]

Now states 'Issued'

 

[fuzzgun19]

Received 'Notice of Issue' letter today. Dont have a clue when it comes to all this court stuff, but I'm assuming this letter is standard issue.

[sarahpp]

Yes, I got one of those as well- nice to see yourself as the claimant isn't it?

[fuzzgun19]

Tonight my claim has changed to 'Acknowledged'

[debt_mountain]

fuzzgun19: you are a couple of days ahead of me, mine was deemed served on the 22nd....tick tock tick tock. Checking my account balance a couple of times a day.

[fuzzgun19]

UPDATE.... I just checked my account online and..........

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

YES!!!!!!!!!!!!!!!!

 

 

A 'Cash by Credit' for £302.03!

 

Hope the rest rolls in over the vext few days! YAY!

 

Cant believe its happened so quickly after acknowledgement!

 

Shal I just wait to see if I get the rest, or do I need to send the part payment refusal letter??

 

Will see what happens and give this site its well earned donation!

 

:o :grin:

[debt_mountain]

Snap, That great news. I got a cash credit between 4pm and 7:45 pm. Hope the rest of mine arrives tomorrow......I would give them til 3pm tommorrow then email or fax a follow up.

 

This ontop of MBNA phoning me today and agreeing to paying up in full. What a great day.

 

And to top it all Cabot have til tomorrow close of play to file a defence or I will be sending in the debt collectors/ballifs to them.....

[fuzzgun19]

Excellent!!

 

If theres nothing by 3pm tomorrow, is this the right email address? charles1.bacon@nationwide.co.uk

 

and what briefly do I put in the email?

 

Thanks in advance.

[debt_mountain]

The last time I claimed (I am such a Nationwide veterin now), I actually just phoned the number on the rejection letters (from Deborah Deborah - 01793712603) and asked them politly where the rest of my money was. They had it in my account within 2 hours, they said it was an oversight - sorry.

 

I would probably do that first and if not a simple email quoting you court case number and the amount of shortfall should be enough.

[redsue]

Well done debt mountain and fuzzgun - i think my predictions were spot on

Can I ask did you claim compounded contractual interest - if so, at what rate - NW are saying I'm only 'entitled' to 8% (don't know where they got that figure from) I think it's actually up to the judge to say what I'm 'entitled' to

Spoke to some stupid women at NW - yes you know who you are! seeing as you told me you read this site all the time - who didn't know what compounded meant!