Charged £650 for going £42 overdrawn! Now fighting back!

[MilkTrayMan]

Hello Sabrina...Happy New Year!

 

Hi MilkTrayMan,

 

Thanks for your PM

 

Ive found a new spreadsheet to work out the interest and its come out at £992.53 (Including Bank Charges).

 

Regarding the interest Nationwide have charged me on the bank charges - Do I:

 

1)Add the £95.01 onto the total

2)Put that into the spreadsheet also

3)Forget about it!

 

I know your probably very busy, and I really appreciate your help. Would you be able to have a quick look at the spreadsheet and check it all appears in order. I want to try and post the letter off to Nationwide on Tuesday.

 

Spreadsheet

 

Thanks

 

Sabrina

 

Your link just seems to open up an advert???!

I can't really comment on your spreadsheet if I can't view it can I?

...Also, I would be reluctant to, as I would not be familiar with the NEW spreadsheet's workings/formulas and could not verify that they are in fact correctly imputted.

...I have only ever used Mindzai's spreadsheet and have never had a problem with it.

The Associated Interest which has been charged on the Charges needs to be entered, on whatever spreadsheet, against the actual date it was debited from your account balance.

As most, if not all, of the interest that has been debited, has been down to the imposition of the unlawful charges it may be correct just to enter the figures into the same columns as the Charges were entered on Mindzai's spreadsheet.

...But of course, they would be correctly entered as INTEREST, under the Details of Penalty heading?!

As a guide...my original estimate of £927.80 + £95.01(...interest as yet to be compounded!) would give U an overall figure of roughly £1022.81+...increasing @ at least 33p+ per day!

Hope this helps?!

"Twice measured...Once cut!"...lol...

[Sexyeyes83]

Hello Sabrina...Happy New Year!

 

 

 

Your link just seems to open up an advert???!

 

I can't really comment on your spreadsheet if I can't view it can I?

...Also, I would be reluctant to, as I would not be familiar with the NEW spreadsheet's workings/formulas and could not verify that they are in fact correctly imputted.

...I have only ever used Mindzai's spreadsheet and have never had a problem with it.

 

The Associated Interest which has been charged on the Charges needs to be entered, on whatever spreadsheet, against the actual date it was debited from your account balance.

 

As most, if not all, of the interest that has been debited, has been down to the imposition of the unlawful charges it may be correct just to enter the figures into the same columns as the Charges were entered on Mindzai's spreadsheet.

...But of course, they would be correctly entered as INTEREST, under the Details of Penalty heading?!

 

As a guide...my original estimate of £927.80 + £95.01(...interest as yet to be compounded!) would give U an overall figure of roughly £1022.81+...increasing @ at least 33p+ per day!

 

Hope this helps?!

 

"Twice measured...Once cut!"...lol...

 

 

 

Thank you, I have sent you a PM, hope you can help.

 

Thanks

 

Sabrina

[Sexyeyes83]

Hi,

 

Ive sent both letters off to the bank, but they have replied saying that there charges are in order.

 

I now need to file my claim with the court.

 

Im having second thoughts about claiming contractual interest, If i just want to claim the amount plus 8% interest, should I just file the court claim, or should I go through the whole procedure by sending more letters off to the nationwide?

[JonCris]

Hi sexy

 

Most, as I would, suggest you go for the contractual but only you can make that decision. I doubt anyone here is going to make it for you

[Sexyeyes83]

Hi,

 

Thanks for your reply. I want to claim the contractual but having problems with the court form.

 

Does this wording sound correct?

 

1. The Claimants have a joint account xxxxxxxx ("the Account") with the Defendant which was opened on or around [DATE].

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimants and also charged interest on the charges once applied. The Claimants understand that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimants.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimants contend that:

 

a) The charges debited to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimants; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

 

5. Accordingly the Claimants claim:

 

a) the return of the amounts debited in respect of charges in the sum of £555 and interest charged thereon in the sum of £101.56

 

b) Court costs;

 

 

c) the Claimants claim contractual interest at a rate of 24.9% per annum, from the date of each transaction to 6th March 2006, which is £533.85, as set out in the attached list of charges. The Claimants further claim interest, on the resulting total of £1190.41, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.40 per day.

 

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimants hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimants. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 12th March 2002 to 6th March 2007, which is £129.27 and continuing until payment or the date of judgement at a daily rate of £0.14.

 

We believe that the contents of these particulars of claim are true.

[Sexyeyes83]

Hi,

 

Can anyone comment on the above please.

 

Thanks

[MilkTrayMan]

Hello again Sabrina!

 

Hope U are ashamed of yourself and realise that your cry for help has brought me out of semi-retirement!

(Had been logged off for a while now cos of very similar reasons to bill-k's rather shorter, I might add, absence!...lol... )

Have found life in the real world a breath of fresh air.

Woe betide anyone who is allergic to getting virtually 'glassed' in future!!!

 

If U want to pad your POC out with some useful "legaleese" try reading through a successful Claim.

justwon has previously posted some decent stuff on behalf of his/her annonymous friend:

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html?highlight=RBS+full+details

 

Be careful about copying word for word though, cos of the differences...

...i.e. Unauthorised C.I. was forgotten to be included in the POC + The Scottish Law thingy.

 

Obviously if U were thinking of MCOL, I doubt whether U could get everything in the space provided on the website, so the N1 route would be best from the outset?!

 

 

Hope this has helped and NOT confused?!...

[Sexyeyes83]

Hello again Sabrina!

 

Hope U are ashamed of yourself and realise that your cry for help has brought me out of semi-retirement!

(Had been logged off for a while now cos of very similar reasons to bill-k's rather shorter, I might add, absence!...lol... )

Have found life in the real world a breath of fresh air.

Woe betide anyone who is allergic to getting virtually 'glassed' in future!!!

 

If U want to pad your POC out with some useful "legaleese" try reading through a successful Claim.

justwon has previously posted some decent stuff on behalf of his/her annonymous friend:

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html?highlight=RBS+full+details

 

Be careful about copying word for word though, cos of the differences...

...i.e. Unauthorised C.I. was forgotten to be included in the POC + The Scottish Law thingy.

 

Obviously if U were thinking of MCOL, I doubt whether U could get everything in the space provided on the website, so the N1 route would be best from the outset?!

 

 

Hope this has helped and NOT confused?!...

 

Hi MTM!

 

Thank you for taking the time to come and comment, once again its really appreciated.

 

Im going to put completing the N1 form, as the above is far too long for MCOL!

Theres a few alterations I need to make to it first, as its only me claiming and not a joint claim.

 

Should hopefully be getting it all sent off on Monday!

[JonCris]

You CAN use MCOL to get it rolling.

 

On the claim form simply state that your reclaiming bank penalty charges plus (contractual) interest which you the claimant believes has been unlawfully imposed by the bank contrary to Statute & Common Law from**** to**** in the amount of £***** & that your more particularised claim will follow.

 

That gets the ball rolling & they might just offer settlement

[Sexyeyes83]

Hi folks,

 

Sorry for the late reply, but Nationwide refunded £600 without it having to goto court!

 

I have however just received a copy of my credit file and noticed that Nationwide have now given me a default!

 

I phoned them up to express my anger, but they said I would need to write in! Has anyone got any advice as to the wording of the letter I should write?

 

This has really peed me off!

 

Many Thanks

[MilkTrayMan]

Hi folks,

 

Sorry for the late reply, but Nationwide refunded £600 without it having to goto court!

 

I have however just received a copy of my credit file and noticed that Nationwide have now given me a default!

 

I phoned them up to express my anger, but they said I would need to write in! Has anyone got any advice as to the wording of the letter I should write?

 

This has really peed me off!

 

Many Thanks

Hi again Sabrina!

 

VERY long time NO hear from!!!

How's your website getting on??

The last time I was over there it seemed very quiet?!...

 

U seemed to have left out a h*llovalot of the stages/processes that U took during your Nationwide Claim?!

 

From what U have said...

U seemed also to have dispensed with proceeding with your C.I. Claim of £1190.41?!

Not only that, but U say that U accepted an out of Court offer of £600, which was even LESS than the original Charges of £656.56?!

 

Now U say that U have just noticed that U have a Default on your Credit Report, by Nationwide?!

 

FIRST...SLAP WRISTS TIME...

 

If U had regularly Posted at each stage during your Claim, U would have been advised to check your CR for such things as Defaults etc.

If is far far easier to put their removal down as a condition of settlement of a charges Claim than it is to try to get it removed as a stand alone item.

 

Also, U would have had the support on here (...from me probably! ) to have helped U proceed to getting back MORE than the paltry £600 that U eventually settled for!

Isn't hindsight a glorious thing eh Sabrina??!...

 

What I advice U to do now, is start a Thread in the Legalities Forum + link back to your Thread here so that peeps can see what has happened etc.

 

Just looking, I see that U have already started a Thread...

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/122956-default-after-i-my.html#post1272566

 

Best of luck!...

 

Will be keeping tabs on U...