Whiskas v Nationwide

[whiskas]

Well, only a week after posting my LBA I have had another letter exactly the same as the response to the preliminary letter. So...I guess now it's MCOL stage. Going to read up to make doubly sure I know what I am doing.

 

Just a couple of questions though, firstly, do I need to let Nationwide know I am now proceeding to the court stage??

 

Secondly, am I right in understanding you can't attach a schedule of the charges with MCOL? Is it worth sending them a copy????

 

Once I register my claim can someone explain step by step what happens next?

Thanks in advance

[Stewpot42]

Hi whiskas!,

 

I have just got all my money back of NW so here goes :

 

Once you file with MCOL you dont need to talk to NW as it is the courts that do that for you.

 

Once filed you have to wait till it has been acknowldeged, usually about a week after filing.

 

Once acknowledged NW have 28 days to file a defence.

 

If they dont file a defence you get the option to pass judgement, ie you win by default as the havent defnede your claim.

 

If you pass judgement too soon NW will get a LATE defence in.(this happened to me on day 29, 5 days later NW paid up, 2 days after that i got a letter telling me they werent going to pay up AND aletter saying they have paid up!)

 

Hope this is some help!

 

You`re nearly there, so dont give up!!

[Michael Browne]

No ned to inform NW

Yes send MCOL a copy after filing

 

See here:

Getting MCOL Right

[ltrenell]

hi michael just wondered if you know any info on the court process? my claim had one day left on in and they filed defence to go to court, do you know what happens next or did you just get paid out? cheers

[Michael Browne]

See here step 6 onwards:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

[ltrenell]

thanks michael, still nervous though, cant believe the cheek - this could mean more months of waiting yes?

[whiskas]

Oh wow, thanks for the advice, you have answered all my questions. Going to spend the next couple of days preparing my MCOL application making sure it's 100% perfect. Thanks again. Can't believe I am at this stage...it's scary!

[Michael Browne]

This may help:

Getting MCOL Right

[whiskas]

Hi there, can anyone help? My brain just isn't working this morning. I am about to type my particulars of claim. Just a bit stuck on the figures:

I am claiming - 851.00 plus 287.82 in interest totalling 1138.82.

 

I would also like to claim 8% at a daily rate of... until judgment but unsure of the the daily rate? What do I put?

 

Thanks guys

[livelylad]

The daily rate should have been calculated on your spreadsheet, however this is the formula

CHARGES+OD interest(if applicable))x 0.00022 = pence per day

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[whiskas]

Thanks LivelyLad! One more question...I want my payment to be made by cheque to avoid Nationwide using up my winnings to pay my overdraft off. Whereabouts on MoneyClaim would you put this?? Thank you Thank you Thank you!

[whiskas]

Just about filling in MCOL claim.

Just a couple of final queries:

 

Do I need to re-do my spreadsheet that I attached with the preliminary letter and LBA etc? It's just that the 8% interest total will have changed if it's charged at a daily rate as I did them a few weeks back when I sent the initial letters.

 

What is the correct postcode for the Pipers Way address? It doesn't recognise the one on the contacts part of this website.

 

Thanks again, whiskas..nearly there now!

[livelylad]

You would have to write to them when they offer to settle and stipulate this.

[whiskas]

Ok thanks, one more question...i promise this is the last! When I sent my LBA and schedule the 8% daily interest was obviously calculated from the date I did the LBA and schedule of charges. This was a few weeks ago...will the court automatically work out the latest amount or will I have to do a new schedule bearing in mind there are more days interest to add? Does this make sense?? Thanks again you have been very helpful.

[livelylad]

Calculate the interest upto the day you file the claim and send a spreadsheet to the court and the bank.They will automatically add any further accrued interest onto the claim when its settled.

[whiskas]

Sorry to be a pain, just nearly finished MCOL and just stuck about my schedule of charges, do I need to do a new one bearing in mind the daily interest rate will have gone up since I sent it with the LBA? In other words there will be another 3 weeks worth of interest. Is this right or am I being stupid? Thanks again for any help.

[livelylad]

Sorry to be a pain, just nearly finished MCOL and just stuck about my schedule of charges, do I need to do a new one bearing in mind the daily interest rate will have gone up since I sent it with the LBA? In other words there will be another 3 weeks worth of interest. Is this right or am I being stupid? Thanks again for any help.

 

 

You asked the same question on post 59 which I answered for you.

I have just merged 15 threads for you and changed your title, please stick to one thread this will allow you follow the answers given to you.

[whiskas]

Hi there, don't know where my previous three threads have gone from today. Strange! Can anyone help me?

 

Just finishing MCOL. Do I need to re-do my schedule of charges? The schedule I sent with the LBA will be out of date now as the daily 8% rate will have increased as three more weeks have passed since LBA. So, do I need to re-do it or will it be worked out at court. Any ideas anyone?

Thanks again

[Janet-M]

I have sent you a PM linking you to this thread .Another moderator has already given you a reason in his post above why you couldn't find them

 

please keep to the one thread for each claim , thanks

[whiskas]

Thank you I fully understand now. Sorry about the confusion with threads....didn't understand where they had gone. I apologise for being a pain and thanks for all the advice, this forum is fantastic! Will keep you posted on my claim.

[whiskas]

Does anyone know the current position?

It seems they aren't closing accounts currently but sending a "don't be naughty" letter. Is this right?

What about overdrafts? I am claiming £1138.32 and my overdraft is £1290..I am really hoping they don't close my overdraft facility (which is a reducing overdraft) and use my winnings on that. I have read they can't do this as it's obviously retalliatory! Has anyone won and not had to clear their overdraft?

Have just filed with MCOL, am going to request payment by cheque when they write with an offer to try and avoid the above situation!

[MilkTrayMan]

Hello whiskas!

 

As U are probably aware, O/D's are deemed to be a SERVICE and are re-payable on demand, irrespective of "retalliatory" action.

 

Therefore, don't be surprised if Nationwide cancel your O/D facility as U progress through the Court process.

This will mean that U will be charged interest @ the Unauthorised Interest % Rate instead of the Authorised % Rate.

Nationwide may also threaten to issue U with a formal Default Notice if the outstanding debt is not repaid within a certain period of time.

 

Of course, all this will be scare tactics intended to persuade U to drop your Court action at an early stage.

 

The likely course of events is that Nationwide will eventually pay your Claim into your Flexaccount BEFORE the period of the threatened Default Notice is up.

 

U may not end up with a nice sum of spare 'holiday' money, but at least U will be near enough free of debt (...and its associated worries) with Nationwide!

 

Maybe U will be lucky enough to slip through the net and they allow U to keep your reducing O/D?!

But even if they do that, at some point in the future U will end up with NO O/D facility.

So it may be prudent NOT to blow any money U manage to re-claim and save yourself some O/D interest charges in the meantime?!

[Melon Farmer]

I won just shy of a grand last week and my overdraft is bigger than yours.

 

They have done nothing about it, and to be honest I don't think they would bother doing anything as long as it is generating for them lovely, lovely interest.

 

There is a lot of misinformation about the claim procedure going around. Just stick your MCOL in and wait the 28 days. When you click 'Judgement by default' after the 28 days, the Nationwide will apparently file a defence, but then they will pay up the full amount WITH INTEREST - IF YOU CLAIM IT within a few days.

 

Stick in there, the money will be yours.

 

 

 

I'll write a full account of my case (when I get time) for other people's benefit, and it won't have any annoying 'txtspk' in it. :grin:

[redsue]

WITH INTEREST - IF YOU CLAIM IT

 

I think you need to be more specific - I have been in dispute with NW since Oct 06 - yes you will get 8% simple interest once claimed is filed in court, but other people are claiming for contractual interest which is a much more complicated claim. (@ 7.75% authorised compounded and 24.9% unauthorised compounded interest).

[whiskas]

Thanks for the advice. Congratulations MelonFarmer on your win!!! I am very encouraged to hear they haven't got rid of your overdraft, you are right, they are making money on it after all! I have filed with MCOL and am just sitting tight waiting now. Opening a parachute hopefully with another overdraft just in case. Suppose if they do get rid of my overdraft it will get rid of that debt and stop be spending it on a holiday....would rather have the holiday money though!

Thanks again.