Small Refund after LBA

[shorsted]

I sent my LBA off to Charles Bacon on 24th claiming over £2500 and have just received a letter back saying that as I'm a valued customer they will refund me £90!! Great!!! Not!!

 

Is my next step proceeding with the Claim and should I wait still until the 14 days are up before proceeding?

 

I was hoping that I would get a result without having to go through with the claim but obviously not!!

[alanfromderby]

I assume it says that this is their final offer - if so, then proceed!

[shorsted]

The letter read....

 

"Thank you for taking the time to share your concerns with us, regarding the charges on your FlexAccount

 

I am pleased to tell you that as a valued member the um of £90 has been cancelled

 

Whilst these chargse have been cancelled we cannot guarantee that future requests will be granted....."

.......further information, blah blah

 

Incidentally they've only refunded my £60 because they'd already agreed to refund £30 previously!!

[alanfromderby]

They are clearly saying that they are not going to refund any more, despite your letter giving a stark warning that failure to settle in full would mean a court action - so I would go to next stage.

[shorsted]

(Apologies for starting a new thread - wasn't sure whether to continue this one or not!!)

 

Well that's it, no more Mr Nice Guy!!

 

After little or negative response to all earlier steps, (DPA, Prelim Letter and LBA) I've just completed a Money Claim Form against the Nationwide claiming £3433 in charges plus 8% interest since the date of the charge.

 

Absolutely S****ing myself now!! I just hope I've completed it correctly so that they can't get away with some technicality!

 

What happens next? Do I just wait? Any ideas how long I'll have to wait for some response? Feeling abit out of my depths now!

[shorsted]

Arrived home from work on Friday to find a letter waiting for me from the Nationwide.

 

I assumed it was going to be regarding their defense case against me and opened it with some trepedation to find that in fact they were refunded all charges taken from my account in the last 6 years (around £2800), plus interest plus £120 court costs!!

 

Well to say I did a little dance would be an underestimation!

 

It was a most unexpected result as only a few days earlier I'd had notice that my claim had been served on them and that were we going to defend it so I was preparing for a small war.

 

Many thanks to Dave Johnson for all the information he sent me from his own case ready for use if I'd needed it - you're a star!! Also to everyone else who's offered advice and also all those who's notes I've read which inspired me too!

 

Not sure what to do next re my money claim - do I cancel it or do I need to get some sort of confirmation from the courts?

[Tazz]

Arrived home from work on Friday to find a letter waiting for me from the Nationwide.

 

I assumed it was going to be regarding their defense case against me and opened it with some trepedation to find that in fact they were refunded all charges taken from my account in the last 6 years (around £2800), plus interest plus £120 court costs!!

 

Well to say I did a little dance would be an underestimation!

 

It was a most unexpected result as only a few days earlier I'd had notice that my claim had been served on them and that were we going to defend it so I was preparing for a small war.

 

Many thanks to Dave Johnson for all the information he sent me from his own case ready for use if I'd needed it - you're a star!! Also to everyone else who's offered advice and also all those who's notes I've read which inspired me too!

 

Not sure what to do next re my money claim - do I cancel it or do I need to get some sort of confirmation from the courts?

Fantastic result ! Is that around six weeks form your preliminary letter ?

[MARTIN3030]

24th April to 30th May ?

 

 

Brilliant...........

 

 

[shorsted]

Yes I know, bloody marvellous!! Smiling all the way to the bank!!!

[funtin]

Great News

 

Be sure to keep all your correspondence as such settlements are useful for catalogue.

 

As for what to do next, I'd suggest you bung the Consimer Action Group a hundred quid for their superb advice and help.

 

I am just formulating my case and am at stage one, the DPA. But I find your angle of sending the documentation to the Nationwide Solicitor dealing with the claims a somewhat faster route to satisfaction.

 

Way to go!

 

I have always praised the Nationwide and in my years banking with them must have introduced at least 40 customers to them. I will track as many as possible down and inform them of the case for reclaiming funds.

[Isiris]

I assume it says that this is their final offer - if so, then proceed!

 

 

Sorry to jump in but this has raised a question for me.

If they say offer 20% after the first approach and say it is there final offer, would you then say to go direct to court claim or are you saying to go to the next level LBA and then if they say final offer, then court

 

Thanks

[MARTIN3030]

You can go to the prelim letter adding that you are happy to accept the 20% or whatever but that you will still be pursuing the full amount.

This is not an agreement to full and final settlement you should make them aware of that.

 

theres lots of examples here of this happening !

 

 

[MARTIN3030]

Only send the lba after the prelim.

[Dave Johnson]

Many thanks to Dave Johnson for all the information he sent me from his own case ready for use if I'd needed it - you're a star!! Also to everyone else who's offered advice and also all those who's notes I've read which inspired me too!

 

 

 

Congratulations.

Its a forum to swap info, and I'm happy to pass the same info onto ALL.

I got a write up in my local rag to try to keep the issue of unlawful charges in peoples minds.

I hope you've informed everyone you know about CAG.

Well Done Mate,

Cheers,

Dave.

[funtin]

I have compiled the DPA to Nationwide. However, I have chosen to omit:

 

"Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee."

 

I feel there is no specific need at this stage to inform them of my intention to claim. Is this the case or is it a requirement to make one's intentions clear at this stage?

 

Best regards

[shorsted]

After repaying me around £3k in fees - therefore I believe admitting that they have unlawfully charged me - I have received a letter this week saying that as "It is now clera that you are unwilling to conduct your account in accordance of our Flex Account terms and conditions" they are closing my flex account and e savings account and that I must repay my £2k overdraft (which I use in full every month!)

 

Their repayment was actually around £80 short, I'm now considering writing to Charles Bacon querying the shortfall and also asking why they are closing my account after repaying my charges:mad:

 

I'm sooooo mad!!! :mad:

[shorsted]

I have just draft a letter to Charles Bacon and would be grateful for any feedback anyone might have, see below.....

 

As you are aware I recently commenced a claim against you for repayment of charges made to my Flexaccount as I understand that these charges are unlawful at Common Law, Statute and recent Consumer regulations, totaling £xxxx + £120 court fees.

Shortly after completing the claim I received a letter from Nationwide informing me that these charges have been repaid to my account. In fact the sum of £xxxx + £120 court fees was repaid. A shortfall of £88.56. I have also received a further letter this week, from a Noel Healy, informing me that as "it is now clear that I am unwilling to conduct my account in accordance with your terms and conditions" that my account will be closed effective of 19th July and that my £2000 overdraft must also be repaid by then.

As my account has been conducted in an exemplary manner since the partial repayment I don’t understand why it is “now” clear that I am conducting it otherwise!

We seem to be unable to come to a mutually acceptable conclusion over this matter and, unless a satisfactory conclusion is reached soon, I will have no choice but to continue with my claim against you.

Yours faithfully,

 

blah, blah, blah!! :mad:

[hagenuk]

I am not picking on you here so please do not take this personally and notwithstanding the issue regarding the charges and their legitimacy I wonder, if you have just been repaid around £3k in refunded charges, why you still need the £2k overdraft?

 

Surely now you can start again without it?

 

Certainly you should claim back the £80 shortfall but quite frankly, if this organisation stole around £3k from you then I would be inclinded to bank elsewhere.

[callumsgran]

Sounds fine to me, good luck!! And congrats on what you've got back so far:)

[shorsted]

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