Aqualibrium V Nationwide ** WON **

[MilkTrayMan]

Hello Aqua!

- Just looked and I think I will go with the FOS. Apart from the fact court scares the hell out of me and I already feel like chucking in the towel, it seems the most foolproof and uncomplicated method and I am a fool when it comes to legal/financial stuff.

So much for Independence, with all the differences in laws etc etc eh?!...

 

Why should Court scare U??

U aren't the Defendant, are U?

It would probably not even get to that stage of U having to attend Court.

 

U don't have to know EVERYTHING...just post and others will try to help U if they can.

One day U may be able to return the favour, by helping a later Newbie Claimant with words of advice and encouragement??

 

Am I right in saying that Nationwide is the 2nd largest 'Bank' in Scotland??

Just think of all that experience that U would be able to pass on to the many others that will read your WINNING Claim Thread.

They will take solace from the VICTORY that U gained and maybe follow in the route that U have taken to get YOUR VICTORY for themselves.

They may learn of any pitfalls that U encounter and marvel at how U have overcome them and seek to avoid them, just like U are doing, by reading the Threads of those that have Claimed from Scotland previously.

 

DON'T give up...It's YOUR MONEY!!!

 

U will probably have seen the Scotland related Threads in this link, but just in case, I'll post it anyway...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=3

[Aqualibrium]

Hello Aqua!So much for Independence, with all the differences in laws etc etc eh?!...

 

Why should Court scare U??

U aren't the Defendant, are U?

It would probably not even get to that stage of U having to attend Court.

 

U don't have to know EVERYTHING...just post and others will try to help U if they can.

One day U may be able to return the favour, by helping a later Newbie Claimant with words of advice and encouragement??

 

Am I right in saying that Nationwide is the 2nd largest 'Bank' in Scotland??

Just think of all that experience that U would be able to pass on to the many others that will read your WINNING Claim Thread.

They will take solace from the VICTORY that U gained and maybe follow in the route that U have taken to get YOUR VICTORY for themselves.

They may learn of any pitfalls that U encounter and marvel at how U have overcome them and seek to avoid them, just like U are doing, by reading the Threads of those that have Claimed from Scotland previously.

 

DON'T give up...It's YOUR MONEY!!!

 

U will probably have seen the Scotland related Threads in this link, but just in case, I'll post it anyway...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=3

 

Independance shmindependance, that's another story that reaches beyond Scotland I believe, but in this situation, yeah, they are falling short.

I'm not sure if Nationwide is the second largest bank in Scotland or not, but I would love to help anyone in any way I can, and yeah, the only way I get the relevant experience is from digging my heels in and getting on with it. Ever just want to know everything NOW?? lol I love learning, I just got a bit bamboozled today and as learning goes, just when you think you know enough to take another step, something appears and trips you up, sending you back to the drawing board with your tail between your legs!

I actually hadn't seen that thread, but it's pretty helpful, thanks man and also for the encouragement. I considered getting drunk at 11am today, thankfully I relented and smoked 2 twenty-decks instead, staring out my nicotine patches that I have been avoiding.

 

I have one more question (you have full permission to shoot me for probably missing something obvious) - when I claim using the Summary Cause, does the amount I claim include or exclude the 8% interest? Also, I claimed 1601.50 in my prelim letter, I will now have to change that to 1500, I have a feeling they will be laughing up their sleeve at me. Is it okay to revise the amounts for my LBA?

P.S. The towel is safe for the moment, you appealed to my humanitarian instinct ya bugger lol

[MilkTrayMan]

...I just got a bit bamboozled today and as learning goes, just when you think you know enough to take another step, something appears and trips you up, sending you back to the drawing board with your tail between your legs!...U have a TAIL???!!:o ...lol...

 

I actually hadn't seen that thread, (...Tsk...Shame on U...It's part of one of the 1st things that is pointed out for U to read when U join up to the website!)but it's pretty helpful, thanks man and also for the encouragement. I considered getting drunk at 11am today, thankfully I relented and smoked 2 twenty-decks instead, staring out my nicotine patches that I have been avoiding. 11:00am start is far toooo late!...lol... 40 Fags in a morning stint isn't bad going though...RESPECT!!!... I don't do 'patches'...If I've run out, I just prove that there must be theory that the male menopause exists!...lol...

 

I have one more question (you have full permission to shoot me for probably missing something obvious) - when I claim using the Summary Cause, does the amount I claim include or exclude the 8% interest? In E & W, the Small Claims Track (A Claim of below £5,000) s69 S.I. @8%p.a. isn't taken into consideration if the Claim exceeds the threashold with it added to the total...am NOT personally 'Au Fait' with the Scottish Law system, without researching specific items first. Also, I claimed 1601.50 in my prelim letter, I will now have to change that to 1500, I have a feeling they will be laughing up their sleeve at me. Is it okay to revise the amounts for my LBA? YES, totally OK!!! It is only AFTER U have Filed your Claim that is causes complications. U may wish to word your LBA in such a way as to be appearing generous and willing to compromise....would look good in Court!

 

P.S. The towel is safe for the moment, you appealed to my humanitarian instinct ya bugger lol...U have just confirmed my worst fears to me...U're NOT bothered about the needless barbaric slaughter of those poor defenceless endangered wild wee haggis after all, are U?...ALL U care about is being a human-hugger, what with your 'humanitarian' this and that!...May the Irn Bru on your Cornflakes go rusty and the batter on your Mars bars be soggy and limp!...pmslmao...

sn00psmum is just about to File a 'Summary Cause', perhaps U ought to have a quick word with her???

 

http://www.consumeractiongroup.co.uk/forum/nationwide/69436-sn00psmum-nationwide.html

[Aqualibrium]

Man, I'm a vegetarian.

 

And if the wee haggisees are endangered I'll be the first to get in a row boat and save them MYSELF. The buggars are fast though, you need your skates on (or solar powered water-wings) to catch 'em! Oh wait, it's not a fish is it?

 

For the record:

 

Irn Bru is another word for "paint stripper", along with the more common "Glens Vodka" - count me officially out.

 

And Mars Bar suppers are a one way ticket to toilet breaking - count me officially out.

 

I must be a purist Scot

 

All these divisions they call countries, that is what's a big pile of haggis! I belong to the world, sometimes space, but mostly earth.

 

P.S. I dont own a kilt.

 

Anyway, weesht, you're going to get me a row for digressing!

 

 

Thanks again Traymanmilk

[sn00psmum]

Ok, i've just finished reading your thread.

 

You could go through the Scottish courts system, the amount you're claiming is just over the Summary Cause limit so if it reaches court you may have to go back for the rest with a Small Claim. This is sometimes dodgy as the bank may say in their defence that it's you abusing the court process by raising subsequent actions on the same account. As far as I know this has only happened with Clydesdale, but the person had her 2nd Summary Cause struck out and lost her money. I have also heard that some Sherriff Courts are not accepting 2nd claims on the same a/c, so using a method that has had lots of success in the past is now very risky!

 

On the other hand they may just cave before you get to court stage or once you have filed your claim, I've heard that Nationwide among others only take you seriously once you have filed at court (or FOS) and if your claim is straightforward, which yours seems to be then they pay out quickly rather than defend.

My N/wide claim is for around £1200 so i'm under the limit, personally if I were you I would go via the FOS just to be on the safe side, they have 8 weeks from the date they received your prelim and from what i've heard some people are also getting interest refunded, albeit at 8%, at least give them a try, you can always go to court in the unlikely event you don't get a result with FOS (it's important to know that you can't do it the other way around- FOS won't touch it if a judgement has been made on it.) If they send you their final response before the 8 weeks is up and it's unsatisfactory then I believe you can put your complaint to the FOS.

 

I think it is quite a slow process, they are very busy as more and more people are doing this now especially in Scotland but if it keeps your claim safe I think it's worth the wait, the decision has to be yours though and to reach it you must consider all the options.

 

As for the England issue, it may be easy for some but i'm with you- I live near Inverness, have a husband who works away, 3 kids and 2 dogs, a trip south of the border is a major expedition which takes months of planning and a small mortgage to pull off! The only person whose address I could use is my brother and he couldn't organise a pi**-up in a brewery nevermind forwarding mail!

 

You seem apologetic for all the posts on your thread- don't be!! It's YOUR thread and you're doing the right thing by asking lots of questions, it's how we learn, no-one minds and if they do they probably wouldn't be much help to you anyway

 

I hope i've helped a bit, sorry if I haven't!

 

Good luck, keep us posted, i'm subscibed now so i'll be watching with interest.

SM:p

[Aqualibrium]

Thank you Snoopsmum,

 

Your post is very helpful.

 

It's LBA day and I am still unsure about which avenue to take, FOS or Summary Cause.

 

The FOS route would take me to 4th July, before I could submit a complaint and I'd have to wait for it to be dealt with.

 

On the other hand, if I revise my schedule of charges to 1500 and send it along with my LBA, I could submit the Summary Cause on 6th June.

 

I have a couple of questions for a passing 'in the know person' before I do anything:

 

Does anyone know roughly how long it takes for the FOS to deal with a complaint once it has been lodged?

 

And if I decide to revise my schedule of charges to go down the Summary Cause route, do I just cut it off where the total has reached 1500 when I send the schedule with my LBA and do the charges up to that date only?

[Aqualibrium]

Anyone, RE: above questions? (please)

[Aqualibrium]

Financial Ombudsman/Summary Cause

 

Financial Ombudsman/Summary Cause

 

Financial Ombudsman/Summary Cause

 

aaaarrrrrggghhh!!

 

I don't want anyone to tell me which route to take, I would just like to discuss this with someone who has knowledge on each, before I take the next step.

 

Onybody? :o (LBA day was yesterday, working tomorrow, so can't get to Post Office til Tuesday, if I dont get it off today.)

[sn00psmum]

Hi again:-)

 

I think you'll be very lucky to get advice from anyone with actual experience of FOS as it's a relatively new way to go and has only evolved due to the fact that it has become very risky for anyone claiming over £1500 in Scotland to go via court.

 

If you claim for less than your original amount then you are shortchanging yourself and in effect letting the bank keep some of what is after all YOUR money.

If you do decide to go to court with your original amount then you are pushing your luck, but it may pay off- the banks are all different and N/W may cave pretty quickly and just pay up- on the other hand they might jump on the 'abuse of process' bandwagon and then you could lose your claim.

 

I'm not sure if it would help if you spoke to someone at the court and said that since it's just over Summary Cause limit and it's against a bank who are unlikely to defend whether they would give you any indication, I doubt it as that would be giving legal advice but might be worth a try. After all, it is they who are abusing the court process, you have given them numerous opportunities to settle out of court.

 

Sorry I can't help more

 

Good luck, SM:p

[Aqualibrium]

Hi again:-)

 

I think you'll be very lucky to get advice from anyone with actual experience of FOS as it's a relatively new way to go and has only evolved due to the fact that it has become very risky for anyone claiming over £1500 in Scotland to go via court.

 

If you claim for less than your original amount then you are shortchanging yourself and in effect letting the bank keep some of what is after all YOUR money.

If you do decide to go to court with your original amount then you are pushing your luck, but it may pay off- the banks are all different and N/W may cave pretty quickly and just pay up- on the other hand they might jump on the 'abuse of process' bandwagon and then you could lose your claim.

 

I'm not sure if it would help if you spoke to someone at the court and said that since it's just over Summary Cause limit and it's against a bank who are unlikely to defend whether they would give you any indication, I doubt it as that would be giving legal advice but might be worth a try. After all, it is they who are abusing the court process, you have given them numerous opportunities to settle out of court.

 

Sorry I can't help more

 

Good luck, SM:p

 

- Thanks for replying Snoopsmum.

 

I think probably the FOS is the best way to go, based on what I gather. It means I can continue to request the full amount of charges, just not the interest and I'm happy to settle for that. I think my best bet is to pour over the FOS site and take that route.

 

I will have to adjust the LBA though I think. The first line of it says " I am disappointed that you have failed to respond", they did respond, twice actually, with the same letter of "no chance are we paying up", to my prelim, no "final response" though. So could I change that line to " I am disppointed that you have failed to 'satisfactorily' respond to my request for repayment of charges in full"?

 

Could I also adjust this section:

 

"If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest"

 

To: "If you do not comply fully within 14 days then I shall lodge a complaint with the Financial Ombudsman for the full amount" ?

 

Or, is "a claim against you" the same thing as lodging a complaint?

 

Also, I recall reading somewhere on this site, that it costs the bank 500 pounds as soon as a complaint is lodged with the FOS, would it be worth adding this in, to remind them that it will cost them more money in the long-run to refuse my request?

 

Also, the LBA states:

 

"You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action."

 

- I never requested this, as it wasn't in the prelim letter, so do I also omit this section from my LBA?

 

And can you request a "final response" letter from them in order to lodge the FOS complaint, or am I just being an optimist here? It would be a good way for them to stall, by withholding a final response.

I'd appreciate help from anyone who has answers, I know there's many questions, I'm just getting a bit bogged down with it all right now and dont want to make a mistake.

[Aqualibrium]

I have amended my LBA and was wondering if there is anyone I could PM it to, to have a look at it and tell me if it is okay please?

[sn00psmum]

It means I can continue to request the full amount of charges, just not the interest and I'm happy to settle for that. I think my best bet is to pour over the FOS site and take that route.

I think you can still claim for interest ( I am!) if you go via FOS, from what i've read it depends on the person handling your complaint as to whether you get it or not (bit unfair) but if it makes up part of your claim then why not?? They have refused to pay up the amount you requested. The FOS has a phone number where you can get advice, I imagine it's pretty busy just now tho

 

I will have to adjust the LBA though I think. The first line of it says " I am disappointed that you have failed to respond", they did respond, twice actually, with the same letter of "no chance are we paying up", to my prelim, no "final response" though. So could I change that line to " I am disppointed that you have failed to 'satisfactorily' respond to my request for repayment of charges in full"?

Yes, just choose your words accordingly, I put 'that you have failed to respond positively'

 

Could I also adjust this section:

 

"If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest"

 

To: "If you do not comply fully within 14 days then I shall lodge a complaint with the Financial Ombudsman for the full amount" ?

 

Or, is "a claim against you" the same thing as lodging a complaint?

Same again, change it to whatever makes sense, IMO either is fine.

 

Also, I recall reading somewhere on this site, that it costs the bank 500 pounds as soon as a complaint is lodged with the FOS, would it be worth adding this in, to remind them that it will cost them more money in the long-run to refuse my request?

I can't really advise on this as I haven't heard that before, I know the FOS imposes a fine for closing accounts without warning and as a result most banks have stopped doing this. IMHO at the end of the day, the bank is aware of the extra costs involved with refusing claims, (whether they go via court or FOS) so it's their problem, it doesn't seem to be deterring them at the moment, they manage to get by on the many people who are scared off at the prospect of taking them on.

 

Also, the LBA states:

 

"You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action."

 

- I never requested this, as it wasn't in the prelim letter, so do I also omit this section from my LBA??

Oooh, this is also new to me, it wasn't in LBA when I sent mine, there's no harm in having it though, you could just change it to "I request........"

 

And can you request a "final response" letter from them in order to lodge the FOS complaint, or am I just being optimist here? It would be a good way to stall, by withholding a final response.

Of course you can request it- but don't hold your breath waiting for it, as long as the 8 weeks (from your prelim remember) are up you can fire your complaint off to FOS, I think it was a way of trying to speed things up, ie if you get a 'final response' from them then you don't have to wait 8 weeks, because it's their final response. My RBS claim has been ongoing since January (!OMG! what did I used to do with my time before CAG??) and I still haven't got a final response from the buggers I've not filed yet either, trying to get my head round Details of Claim box for N/Wide!

 

I hope i've helped keep us posted and any more questions just holla

SM:p

[sn00psmum]

Aqua, read this hun, it might help, very well put post IMO

http://www.consumeractiongroup.co.uk/forum/show-post/post-851001.html

 

Also, re your post above you're very welcome to PM me if you want,

SM

[Aqualibrium]

Thank you for your wonderful help Snoopsmum. I am positive now that I will go through the FOS before court, if they do not settle first.

Thanks for agreeing to the PM, I am such a bloody amatuer! I appreciate it.

PM on its way...

[sn00psmum]

Nae probs! You gotta start somewhere, BTW I still consider myself a newbie, learning every day.( you should have seen the mess I made of my RBS claim when I first started) Just keep it together & you'll be fine. I'll look out for your PM

SM:p

[Aqualibrium]

Nae probs! You gotta start somewhere, BTW I still consider myself a newbie, learning every day.( you should have seen the mess I made of my RBS claim when I first started) Just keep it together & you'll be fine. I'll look out for your PM

SM:p

 

Well, I guess it's like they say: we learn from our mistakes.

Hopefully I will be able to give some help on here also, once this is all by with.

*sewing myself back together*

[Aqualibrium]

I have just completed my amended LBA to Nationwide, with some much appreciated help from Snoopsmum.

If anyone thinks it would be beneficial to post a copy of the letter here on my thread, please let me know?

[sn00psmum]

No harm in getting a second opinion remember to remove name, a/c no etc

[Aqualibrium]

Hi Snoopsmum, I never really meant for a second opinion, as I have now just sent the letter. I just thought the adjustments may be of use to anyone else in Scotland, who has decided to go down the FOS route.

So, they now have until the 4th July (56 days from the date they received my prelim, which was 9th May) after which date I will lodge my complaint with the Financial Ombudsman Service, if they don't send their 'final response' sooner.

Here is the amended and sent letter:

Nationwide House

Head Office

Pipers Way

Swindon

SN38 1NW

 

 

24th May 2007

 

 

COMPLAINT - LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXX

SORT CODE: XXXXXX

 

 

I am very disappointed that you have failed to respond positively to my letter of the 5th May 2007.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

Important: As you are aware, the money you have taken from me for returned/declined direct debits and the resulting unauthorised overdraft fees (I have never been overdrawn other than when your unlawful charges has rendered me as such) was from my Tax Credits money, which is an income-based award, calculated to the penny for essentials. I would like to draw your attention to the fact that this money also includes the “Childcare Element”, therefore, you have taken money I require for my sons pre-school education, causing me to neglect other bills to pay this, resulting in a build-up of debts. This information and proof thereof will be included in the action I will take, if you do not fully comply with my request for repayment.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1,601.50 from my account.

I am enclosing a copy of the schedule of the charges, which I am claiming. I have already sent you a copy of this in my original letter of the 5th May 2007.

 

Important: I request your “Final response” letter, in order to comply with your advice, given on your letter to myself of the 16th May 2007, which states: “If you are still not satisfied, you may then approach the Financial Ombudsman Service for an impartial, independent assessment of the situation.”

I require repayment in full of this money, by cheque. If you do not comply fully with my request for full repayment of the above sum, by the expiry date of 4th July 2007 (56 days from the date of your receipt of my letter of 5th May 2007) then I shall begin a claim against you for the full amount, via the Financial Ombudsman Service, whether I have received your ‘final response’ or not and without further notice.

I also request: that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your failure to provide them will be brought to the attention of the Financial Ombudsman and the court, should it be necessary to commence court action.

 

 

Yours faithfully,

 

Aqualibrium.

----------------------------------------------------------

At least they can't say I haven't given them enough time!

So, now that I can relax a bit, I am going to do an hour of Yoga, to try get the mind, body, spirit connection up and running again, since pieces of myself are all over the place and then take a looooooong soak and wash off some Nationwide stress.

Thank you to everyone who has helped me get to this stage. (and hopefully I haven't made any more boo-boos in the above letter)

[Aqualibrium]

Checked on Royal Mail website: LBA delivered today, 25 May 2007.

5 weeks and 3 days until I lodge complaint with the Financial Ombudsman, unless they send their 'final response' or settle first.

I wonder, it might not be a bad idea to request the final response letter again in 2 weeks maybe? Just incase they forget about me

[sn00psmum]

Hello stranger, how are you getting on with this- any news?

SM:p

[Aqualibrium]

I just typed a HUGE reply to my post and then when I tried to submit it, it asked me to log in and I lost it!!

Have to head to work now, but I will trudge through it all again later tonight.

Not raging, honest

[MilkTrayMan]

I just typed a HUGE reply to my post and then when I tried to submit it, it asked me to log in and I lost it!!

Have worn THAT T-shirt before!...

 

U have to remember to tick the 'Remember Me' box, when U initially Log-in...

[Aqualibrium]

Okay dudes and dudettes, I haven’t been about for a while, so here’s a run-down.

 

 

 

I warn you now, it's a long post, but oh so worth it, if you make it to the end. Hmmm... I smell success

 

 

9 May 2007 – My prelim, sent recorded delivery, to Nationwide was received and signed for.

 

19 May 2007 – I received the standard ‘get to France’ letter, ‘we cannot refund your charges’ etc, etc.

 

24 May 2007 – Letter Before Action sent to Nationwide, recorded delivery.

 

25 May 2007 – Letter Before Action received by Nationwide.

 

** Roundabout this point I had to deliberate which route to take as my ‘action’. Being resident in Scotland meant I could not claim more than 1500 in a Scottish court via the Summary Cause and as my claim was for 1600, I had the option to settle for 100 less, or try the Ombudsman first for the full amount. As the Ombudsman won’t touch any claim that has already been to court, I thought it the safest way to go through them first and if the settlement wasn’t satisfactory, I could then use a Summary Cause and claim through the courts.

 

14 June 2007 – I contacted the Ombudsman by email, they were very helpful and outlined the procedure for me and sent out a complaint form to me.

 

** There was a bit of uncertainty at this stage as to what constitutes a “Final Offer”. I queried this with the Ombudsman and they said, basically my first reply from Nationwide stating that they would not be refunding my charges, is classed as a Final Offer. So, from my experience, you do not have to wait 56 days from the date of your prelim before lodging a complaint with the Ombudsman, as was suggested to me previously. I think though, the fact that I had given them two chances (the prelim then the LBA) and a reasonable amount of time to settle the complaint, helped. So I would recommend those stages and timescale for anyone considering approaching the Ombudsman. It is the reasonable thing to do, fairs fair.

 

16 June 2007 – I received a letter from the Ombudsman, thanking me for my enquiry about my complaint and they enclosed a leaflet which explained how they could resolve complaints. They enclosed my complaint form which they had filled in as far as they could from the information I provided to them. Advised me to check it, amend if necessary and add any missing information, then sign and return it including any supporting documentation. They advised me that I should return these documents to them as soon as possible, to avoid losing my right to complain.

 

** Supporting Documents that I sent: All letters from myself to Nationwide, the prelim, the LBA and including my schedule of charges. I also enclosed any correspondence I had received from Nationwide, ie, the “No we wont be refunding your charges” letters.

 

 

22 June 2007 – I sent my completed complaint form to the Ombudsman. This form is very simple to fill out and since they take details from you via either email or phone, depending on how you contact them initially, some of the form is already filled out for you.

 

 

25 June 2007 – I received a letter from the Ombudsman saying that they were passing my complaint to their casework administration area to await allocation to an investigation team. They also sent me information to explain in more detail what would happen next and told me that I would be kept updated on progress my claim has made.

 

**They also stated that when the services of a solicitor, accountant or other paid advisor are used to bring a complaint to them, that they do not normally award professional fees, in full or in part.

 

10 July 2007 – I received a letter from the Ombudsman, stating that they had written to my bank (and in their own words) “to invite them to:

 

-make an offer that meets your claim in full; or

-provide me (the ombudsman) with the information I believe I shall need to reach a conclusion on the merits of your claim.

 

In this letter, they also stated “in almost all the charges complaints we have considered, banks have made offers to meet the claim, and it has not been necessary for us to issue any decisions yet.”

 

On this occasion, the Ombudsman gave the bank 6 weeks to contact them and said they would write to let me know if they had not heard anything in the 6 weeks.

 

25 July 2007 (today) – I received a letter from the Ombudsman dated 24 July, saying that they asked the bank to give them information that would be relevant to a formal investigation by the Ombudsman into my complaint.

 

They then state that they have heard from the bank, that they do not accept that their charges are unlawful or unfair. But following the Ombudsman’s intervention, they said they would prefer to settle my complaint as an alternative to the Ombudsman’s formal investigation. Nationwide said that they accepts no liability, but nonetheless say they will pay me 1741.50 to settle the dispute!!

 

-This figure is 141 pounds higher than what I originally claimed, the only way I can fathom this is that they had added on any charges up to this date (25 July), as I did incur more charges while my complaint/claim was in progress. That was awful nice of them!

 

So, I have signed the enclosed acceptance form, the Ombudsman has asked that I return it to them by 7 August and that once the bank has received my acceptance form, it may take up to 6 weeks for the settlement payment to be made.

They advise that if the proposed settlement falls short of my claim in any way, then I have to contact them in writing regarding this. – Nope, all happy here!

 

So all’s well that ends well.

 

A donation will be on its way as soon as I have received the money and a HUGE thank you to everyone who has helped me.

 

** I thought it would be helpful to include here the timescale of my complaint for anyone considering this route. It was considered to be longer than going through the courts, but it happened to be the most convenient way for me regardless, due to the amount of my claim in reference to the Summary Cause amount.

 

So from the date my prelim was received by Nationwide, it took 11 weeks for the bank to offer a settlement.

 

And from the date of my complaint to the Ombudsman, it took 4 weeks and 5 days for the bank to offer a settlement. Bearing in mind, I had already given them 4 weeks to settle with my prelim and LBA, before I took any action.

 

To summary, I would say that to combine the standard procedure of the prelim letter and the LBA, with the complaint to the Ombudsman, if the bank refuse to settle based on the letters from you, is a simple way for anyone who doesn’t mind waiting a week or two longer for their settlement. Also, the procedure via the Ombudsman is hassle-free, I only had to fill out one form, which was a piece of cake, they then contact the bank on your behalf until an offer is made. – Easy peasy!

 

*** I would like to add to this that I did NOT claim any form of interest, I only claimed the total amount of charges the bank has taken from me. But, I have since read in this thread: http://www.consumeractiongroup.co.uk/forum/general/96682-shall-i-ise-financial.html that people are pursuing interest through the Ombudsman and that they seem quite happy to take it on. One thing I will add though, there seems to be some differences in how individual claims are dealt with via the FOS, I think this is because a lot depends on WHO actually deals with your case, aside from the standard regulations they must adhere to. This is only an opinion though, formed from what I have read, coupled with my own experience. The FOS route doesn't SEEM to be clear-cut, but the fact is, people are still getting results, free and with minimal input/hassle.

[sn00psmum]

congratulations!!!!!

Brilliant news, well done girl!

SM:p