nationwide here I come ***WON***

[Muffintop]

Darling, what happend with the shortfall? Im in the same position but at day 29 now and feel have no choice butto enter judgement by default? I notice that they have put small amounts into 3 other nationwide accounts I hold but cant see how they can pay out to different accounts.

[darling1]

Can anyone help me?

I have had a payout from Nationwide, and they have paid me less than I claimed..I started claiming from them on Jan 07 (so prelim was jan 2001 - jan 2007)

Today I have heard from the court that they say they have paid all of my claim and have stated to the court

 

"The defendant has refunded all charges debited to the claimant's account since 28 March 2001 that had not previously been refunded. Insofar as the claim relates to charges debited to the claimant's account before 28 march 2001 it is barred by virtue of the provisions of the limitations Act 1980

 

No further sums are due from the defendant to the claimant"

 

The amount short may seem small it is febs 2001 £48.53 charges plus £23.62 interest = £72.15.

I have a receipt from the counter at nationwide for my prelim dated Jan 25th ( she has written 2006 instead of 2007) and a LBA recorded 9th feb 2007.

 

I would value any opinions this matter -Darling1

[Muffintop]

Jenny, you seem to be in exactly the same dilema as I am and I dont know what to do either was going to try to get some advice. I got most of the claim but around 600.00 short. I have to send the N9 back to court by 2nd June so was going to hang on until next week to see if they put the rest in. Iv been through my figures and as it was the first claim I took charges off the statements and of the notice of charges and feel that i may have over charged them.. ha ha wotta laugh. if I went back 6 plus years they would owe me thousands but I dont know if you can do this once they have paid you out or if you can do it when they wont send you the statements. let me know what you are going to do as it looks like i will follow. skeggsy

[darling1]

You can go back pre 6 years, it is a totally different claim., you havn't signed to say you won't have you????

I have PM'd you, I hadn't looked here so I didn't know you were up to speed!

As you can see my problem is that they have moved my claim forward to the date it was filed not the date I started the claim! - But if I get any helpful info I will pass it on ASAP

Darling1

ps - who is jenny:o

[Muffintop]

thanks darling havent gotta clue who jenny is must be going bonkers soz. No havent signed anything to say wont go back further than 6 years but dont see how can do it if I cant get the statments, Unless I make up a fictiscious guess based on the past 6 years and let them defend it. wodu reckon?... anyone?

[sb8]

Skeggsy,

We should be messaging in the open forum instead of using private messages. Then other members may benefit.

I think Bank Fodder may be a site administrator and he would probably get hundreds of private massages a day if he/she didn't insist on using the open forum.

I didn't claim for wasted time. I am just glad I have finished.

The only thing I now need to do is send a contribution to this site for their help.

I have looked for the example spreadsheet on the site and admit I can't find it now. Could someone send a link please.

Obviously it is crutial that you have correctly calculated what you are owed. If you make a mistake Nationwide will milk it to the full.

Hope this helps,

sb8

 

 

 

 

Originally Posted by sb8

After receiving my letter reminding them that the court costs and the interest needed to be recredited before I could stop the action Nationwide did pay up.

They have been quite underhand in that the changed the dates on the account to make it appear that they had complied with their original letter. We have proof that they did not in form of ministatements.

 

Anyway, all is now paid. The final letter seemed to do it.

Remember you have 28 days from the judgement date to enforce judgement. You do not need to do it immediately.

If you have made an error in your calculations you need to sort it out. Have they offered you the correct amount? Maybe they have.

Email an administrator of the site for the link to the schedule calculator.

tnx for your advise,Nationwide are being really underhand, I think this may help with a wasted costs application for charges,,, have you claimed for your wasted time?

Sorry if Im being thick but Bf says not to pm him so does JonnyBbad so I dont know who the administrators are, how can I find out who they are for the schedule calculator do you know? ps are you going to go back more than 6 years? they deserve it!

[Muffintop]

tnx, Iv been through their figures and going to accept their breakdown, as it was my first case it was a little messy and I didnt understand the logistics of how they play their game. i really need this spreadsheet to make sure i do things right next time. Problem I have now is I have two more accounts which I have requested statements on and they havent replied within the 40 day period, now I have to find a way to enforce the threat that the standard templates make to data controller

[kelly101]

Is this the link you were looking for, Skeggs?

 

Interest calculation spreadsheets

 

Congrats on your win sb8.

 

K

[darling1]

Hi, I have had a brain wave! - I am going to claim again and go back before the intitial 6 yr period and that way I can include the money that they have taken from me in such a underhand way - I started the claim in end Jan 2001 and they are only paying up from the day it was filed in court, so losing me money, this way I get a second go at them and I get the money back - with even more interest! brilliant!

So tomorrow I will send the court a letter accepting their money and hae the rest later!

darling1

[Muffintop]

Hi, I have had a brain wave! - I am going to claim again and go back before the intitial 6 yr period and that way I can include the money that they have taken from me in such a underhand way - I started the claim in end Jan 2001 and they are only paying up from the day it was filed in court, so losing me money, this way I get a second go at them and I get the money back - with even more interest! brilliant!

So tomorrow I will send the court a letter accepting their money and hae the rest later!

darling1

Iv lost you? are you going back pre 6 years? what date was it filed in court then must be around feb? how can they do that? keep me updated matey:p

[Muffintop]

Is this the link you were looking for, Skeggs?

 

Interest calculation spreadsheets

 

Congrats on your win sb8.

 

K

thanks Kelly but a little in the dark still, does it calculate the charge automatically? tried to download it into excel and word (got xp) but doesnt seem to do anything, was using the one on martin lewis site but it keeps crashing, any tips?? :-?

[Muffintop]

Does anyone know if you need written permission to act as a representative for someone? does it need to be sent to the bank in question for them to deal directly with the rep even if family? skeggsy:p

[kelly101]

Hi Skeggs,

 

I used this one:

 

England - Advanced - Excel

 

Yep, it's automatic. Not sure why it won't open. Do you have Microsoft Office installed? Or more specifically, Excel? It won't open without it. Try this:

 

Excel Viewer 2003

 

That should do the trick.

 

K.

[darling1]

What I meant in #34 is I have obviously won:p and the Nationwide still owes me about £75 which they have short changed me in my win. By claiming that they need only pay up 6 years form the date I filed in court, So that means that I can now make another claim, the pre 6yr one! That means I have had my account for about 10 years and I can go for the other 4 years now, and get the money they refuse to pay me on this claim, Is that clearer, or more confused than before!!

 

Also, what happens if you have been divorced? I had a joint account with major charges, but I now have a different surname and my ex. would definately not help me to make a claim against them! - Is that account a lost cause??

[midget]

Any how...time has gone on and today I have received 2 letters from the Nationwide one dated the 15th March saying thank you for your letter 10th feb etc and telling me it would be referred to the Members Service Department and telling me if not satisfied I can go to the financial Ombudsman Service! Nope! I don't think I will actually!!!

They also included a copy of their internal complaints procedure etc..

The second letter dated 20th March was from members relations assistant Claire Gillingwater.

saying they had only just received my papers and they that they will write to me when they have reviewed my case.

They say they have 8 weeks to investigate befor I can inform the F.O. This apparently ends on the 22nd March, and if they havn't responded by then they will write and explain why.

My 14 days LBA deadling has elapsed as I havn't got the money to file in court. Car MOT came up first!! so I will be filing next week - pay day.

Just to update the thread on the situation.

 

MTM - please don't reply, its very kind of you to take so much of your time in those long responces, but they are not welcome!

Yep im getting the exact same from Nationwide just basically trying to get out of paying i aint about to give up!!!!

[darling1]

Good for you midget, you will win - it is a bit frustrating being messed about by them, but its worth it. are you at the LBA stage now? It took me about 2 months from filing to winning the money back - so not that long in the grand scheme of things!

[blidge]

Just read your thread, as I receied lettr from Nationwide today telling me that they have paid, and as it is not the amount I calimed I must prove it, however, I notice that I started the claim from Jan 2001 to Dec 2004 and they have started their list of charges from April 2001 to

March 2005!!. Also the account went to collections in Jan 05, after they put on loads of charges, and then most of them were refunded. However in their schedule they have put these refunds against my figures to make the total less, even though it was not within the dates I was claiming. I am also guessing that as they haven't replied until April after the court action, they are only taking the six years backto April 2001. How should I proceed to claim the remaining £435.13?

[midget]

Good for you midget, you will win - it is a bit frustrating being messed about by them, but its worth it. are you at the LBA stage now? It took me about 2 months from filing to winning the money back - so not that long in the grand scheme of things!

hi darling im ready now to take legal action against nationwide How do i go about doing the lba

[midget]

i recieved a letter from nationewide today saying im very sorry but due to the contract u signed when u opened the account you are not entitled to the money back BULL****!!! i have sent them a final letter aloowing them to know that i will take them to court and also for them to remember they have paid out to other people so discrimination comes to mind!!!! hopefullly i will progress now

[darling1]

Hi Blidge - I am not an expert. But the amount that they have short changed you is quite significant, you should write to them and thank them for the amount they have deposited in your acccount, but let them know that you are going to go to court to claim for the rest. You will get a letter from the court any day now saying that they say they have settled and that the other amounts are outside the 6 yr period, or whatever their excuse is this time. But on that form from the courtc/R012 - it gives you a chance to say weather you intend to proceed with the claim.

At the top of this form it says that "if you disagree with the defendant and wish to proceed with your claim, the court will contact you and tell you what to do next. But you must return the form or your claim may be struck out. so you can tick " I wish to proceed with the claim."

If you are sure of your facts and figures and can proove that the amounts you claim are inside the dates specified and they have wrongly debited the refunded charges to this claim then go ahead and tell them - you can always send copies of all the statements relevant to the claim if needed, so don't de intimidated. You can explain to the court that it is a partial settlement, and you do not agree that it is a full and final settlement.

They have called my bluff, but I am happy because its a relatively small amount and I shal have them again, by going for the pre 6yrs.

Good luck

Darling1

[darling1]

Hi Midget - sounds like you found the "Letter Before Action" ......the reply letters that they send are just standard ones -- so plough on and stick to your own timetable, give them the 14 days then off to the courts!!

ps If you didn't find the LBA it is in the templates libuary!

Good Luck

Darling1

[blidge]

Hi Darling 1 thank you for your advice, interestingly enough I received an allocation questionnaire in the post today from the court, which I have to rely to by 30th May. I have found one charge for £31.00 which they did repay, which I hadn't noticed before. I have gone through their list of charges, and although £81.81 of them they haven't included because of the date difference. It still doesn't add up! their amount of 8% interest is different as well! Would you now advise that I reply to their letter, and suggest that they repay the rest (minus the £31) or I wil continue, or complete the allocation questionaire(fee £100) They have entered a defence saying that I am not entited to anything, and then paid me!!! how odd is that.

 

blidge

[darling1]

It is very odd, As you have till the end of the month I would reply to them, and let them know that you disagree with their findings, but thank them for the partial settlement, also point out that you have an AQ now and you will file it by 30th. If as you say you are only claiming £435.15, with adjustments of the 31.00 etc you will not have to pay £100 to put in an AQ its free for smaller amounts, I think without looking its up to £750 (but check it out) you can then take the opportuniity to tell the court the new amount claimed - explaining that you have been given a partial setlement.

My case got beyond the AQ stage before they paid a bean to me! so well done..

[Muffintop]

Darling, me and you both going to go pre 6 years, I spoke to data protection dept today and yesterday and they have said they will send me statements from 1990! we will see

[blidge]

Darling, thanks I will find out from the court and do as you suggest, then I will go for my other account with them, and maybe even go back with both pre six years. All these charge really screwed my life, and eventually cost us our house, so I am on the war path now!