FredT v Nationwide

[FredT]

I have been through the same process as just about everyone on this site and issued proceedings.

 

Many people are worried about having to stand up in Court - although I can't see that anyone has actually yet had to do that.

 

I am legally trained and have an advantage over most on this site perhaps but I can tell you that it is not like Rumpole of the Bailey and in fact as an individual acting in person against a Bank's solicitor you are likely to be very well treated by any District Judge.

 

I am awaiting to hear if Nationwide will defend my claim and they have until 10 April.

 

Fred ----------->

[FredT]

They have until 10 April to file Acknowledgment of Service. I am claiming £2k.

 

Has anyone failed in a claim against Nationwide? Anyone actually had to stand up in Court?

 

Fred:)

[FredT]

Came across this on their site today!!!

 

Our Account Transfer Service makes it easy to switch your bank account to Nationwide. We are so confident your account transfer will run smoothly that we guarantee to refund any bank charges if we make a mistake.

 

For the whole page see Nationwide Building Society - FlexAccount - Switch to Nationwide

[lori1]

hi fred, so far nw pay out just after you file at court, but you should read up on how to fill in an AQ as some people have been receiving them from nw, i got paid after three weeks of filing at court, and i know of a few others who have been the same, best of luck x

[FredT]

Cheers. I am legally qualified and so I know how to complete an AQ. I am hoping that they settle my claim in the next couple of weeks and will advise when I have any news.

 

It does look now like they are holding off until the last minute and I read today that NW are getting 5,000 new claims a week!!!

 

Fred

 

[mochamoo]

Good Luck with your claim:D

[Varangian3]

How transparent is that!!

 

When can I stop laughing please?

[FredT]

Have received Acknowledgement of Service today from the Court showing that NW intend to defend the claim in its entirety - gives them until 20 April to file the defence.

 

Will they defend or pay up on or before 20 April?

 

Has anyone tried to allege that they have no defence?

 

Fred

[lori1]

hi fred, they will prob pay up before then, and they will then defend and say that they have paid up in full some defence huh!! best of luck x

[Spiff500]

I certainly hope they pay up for you Fred . . .

 

My claim was served on the 7th March, not heard a thing since and interestingly tomorrow is time up - 28 days have passed.

 

So, I guess I will be pressing the jolly ol' judgement button. I wonder what happens after that !?

 

I wonder if the delay is as a result of the sheer deluge of claims, or more to do with them waiting for the latest statement from the OFT concerning charges?

[FredT]

I don't have permission to post in the forum that shows the templates for the form N1 Particulars of Claim - I am concerned because I did not use this template when I issued proceedings.

 

I used the one on the Which? site at Banking and credit | Bank charges | Take legal action

 

This PDF file tells you to include 3 basic statements on the N1.

 

Is the Which? version not correct? I hope I will not lose my case!!

 

Fred

[Michael Browne]

The Which POC's are ok, I wouldn't worry unduly. Did you include your a/c details, dates of charges and a schedule of charges,. Did you claim s69 interest (the Which site seems to make no mention of it)

 

How much is your claim for and which bank.

[FredT]

Having received notice that they intend to defend the whole claim I have today had a letter from yet another person at NW who is the Member Relations Officer who is one of a series of people that has responded to my initial 'complaint'.

 

The letter is dated 2 April and states '...I'm sorry that you are unhappy about the charges that were levied and I understand that these are now in the process of being refunded, that being the case we consider this matter now to be resolved'.

 

Could be a result!!!!???

 

Fred

[lori1]

hi fredt, sounds like a result......WELL DONE let us know when you get your cash !! x

[FredT]

Spiff - how did you get on?

 

Following the letter of 2 April mentioned in my earlier posting I contacted NW and they said that the refund would be in my account on Weds 18 April. Nothing went in and so I contacted them again yesterday and they said that the money would be in on or before Friday 20 April.

 

They have not filed a defence and tomorrow (Friday 20 April) is the deadline for them to file with the Court.

 

If the money is not in tomorrow I will personally attend the Court and enter judgment and issue a Warrant of Execution against them.

 

Does anyone have an email address for their Solicitor (Mr Bacon) and or Richard Huntley in Member Services? I have been calling both by phone but get a permanent engaged tone!

 

Fred

[lori1]

hi fred, here is Mr Bacon's email:

 

mailto:charles1.bacon@nationwide.co.uk

[FredT]

Thanks. I found the address on the Acknowledgment of Service and emailed him this morning. No reply and no money in my Bank!

 

They (Tom Selley to be precise) that my refund will be in my account tomorrow - tomorrow being the last day for them to file a defence...

 

I have not seen any messages on here from anyone else saying that they have had a letter stating that my charges are to be refunded and I am hoping that tomorrow they pay up in full - if not that they miss the deadline for filing a defence so I can enter judgment and send in the bailiffs.

 

If they do defend then I have the letter saying that they are refunding - which makes them liars.

 

Fred

[FredT]

I am intrigued as to how the Banks are making payments into people's accounts. I have read posts on this site suggesting that it would seem in many cases that it is a manual process - ie: one post said that they had emailed Mr Bacon - that the email was read at 6.45PM and two hours later the money was in their account - which would suggest that someone has manually put the money there rather than set up an automated payment.

 

Payments that go into my account (eg: benefits/tax credits etc.) seem to appear after 6am.

 

I would have thought that the Banks are setting up batch payments to pay claimants en masse when the defence date is nigh?

 

Fred

[lori1]

hi fred i have b pm'd you hope it help's, and i would say that the charges are manually placed in your account as my claim was short and i called mr bacon to let him know that i would be pursuing him for the rest and the money was in my account a couple of hours later, i had a few corrections in my account over two days, best of luck fred x

[FredT]

Hi Lori

 

Can you remember what time of day you were paid at?

 

Fred

[lori1]

fred it was in my account first thing in the morning, i checked at ten and there it was!! x

[FredT]

And at what time did they tell you that they would be refunding - was it that morning or the day before?

 

Fred

[lori1]

they didn't tell me they would fred the money just appeared !! they didn't even file a defence with me........

[FredT]

Hope for me yet then!!

 

Will post tomorrow with the outcome once I have checked balance online in the morning.

 

Fred

[FredT]

Still nothing on my account!! Called them again this morning and spoke to a lady who acknowledged that they had not yet filed a defence and that the deadline was 4pm today.

 

She said that the refund would be 'keyed into my account' today and would appear today or in the morning.

 

Called the Court who confirmed that no defence had been filed and that I could enter judgment first thing Monday morning and at the same time request a warrant of execution to send in the bailiffs which would give them another 7 days to pay up.

 

Keeping everything crossed that the refund appears today!

 

Fred