Aqualibrium V Nationwide ** WON **

[Aqualibrium]

I know!! :D:D

 

Forgot to add though, that I didn't claim any interest, so I don't know what happens with that. Personally, I'm happy with the standard charges amount and the little extra they threw in, obviously out of the goodness of their hearts

[chrisking1962]

long battle and seemed a bit too complicated for me, but with that, WELL DONE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

regards

chris

[sn00psmum]

Hey Aqua

Double check with them that the extra they included IS the subsequent charges. I'm only saying this because when they refunded mine, they included charges that were on my detail of claim only, not any charges that I had incurred since filing. Mine is different tho cos I filed at court with this as opposed to FOS as mine was within Summary Cause limit, but I have to go back with a 2nd claim if I want back the £250 or so they've taken since.

Congrats again & thanks for kind answer on my thread!

SM:p

[Aqualibrium]

long battle and seemed a bit too complicated for me, but with that, WELL DONE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

regards

chris

 

 

Chris, 2 letters, 1 email, 1 phonecall, 1 partially filled out form and 11 weeks - complicated??

Perhaps it's just how I write things out, admittedly, that post was like a novel! But seriously, for a satisfactory result, I don't think 11 weeks is a long time to wait, and 5 of those weeks were spent letting the Ombudsman chase the bank for me, I never had to do anything other than the initial complaint form.

God knows, maybe I made it SOUND complicated, but trust me it was a walk in the park, compared to the complications I have read that can arise from going to court. But if one makes sure they study any procedure inside-out and takes their time, then I guess all paths are foolproof.

[Aqualibrium]

Hey Aqua

 

Double check with them that the extra they included IS the subsequent charges. I'm only saying this because when they refunded mine, they included charges that were on my detail of claim only, not any charges that I had incurred since filing. Mine is different tho cos I filed at court with this as opposed to FOS as mine was within Summary Cause limit, but I have to go back with a 2nd claim if I want back the £250 or so they've taken since.

 

Congrats again & thanks for kind answer on my thread!

SM:p

 

Whether it is or isn't, I'm not bothered to be honest. I don't see them saying they have made a mistake and want to take the 140 back. I would have queried it if the amount had been UNDER my claimed amount, but I see no danger with them paying over it. I'm not interested in claiming back anymore from them at the moment anyway, regardless of what charges theyve applied to me during the claim. If I was going to pursue those charges applied since I started my claim, then yeah it would be handy to know, but I think I will leave it for the moment.

Thanks Snoopsmum:-)

[MilkTrayMan]

Hey up Bowser Babe!

...I made it SOUND complicated, but trust me it was a walk in the park

Oh yeah??!...Depends on which side of the PC screen U've been!!!...roflmao...

 

 

 

 

...if one makes sure they study any procedure inside-out and takes their time, then I guess all paths are foolproof.

I couldn't agree more!

 

...Perhaps with a tad more patience/research U may have recovered the Daily Compounded Contractual Interest @ 24.9%AER, which other Claimants have been successful in Claiming from Nationwide, as well as their 'Basic' unlawful Penalty Charges?!...

 

But...It's YOUR money + YOUR Claim.

 

Each Claimant has their own personal criteria + circumstances to overcome.

If your happy with the result U've achieved, then that's good enough for me!...

 

Congratulations!!!

[Aqualibrium]

Nah, as far as I knew, the FOS wouldn't entertain interest and that was after research. The fact was, people were readily admitting to me that they didn't know much about the FOS route because not many had taken it.

 

Once my form was off, I wasn't around the forums much because there was nothing to tell and even if I had been, once my complaint form is received, I doubt they would change the amounts to include interest.

 

Anyway, aaaaalll that aside. I barely paid any interest on my account anyway, I think it was something piddly like 2p per mth. I am happy purely with what I am owed and that's what's been offered. I'm a BIG sucker for equality man:D

 

Thanks for dropping by Milktrayman, you've been a huge help all the way, thanks man

[MilkTrayMan]

...I barely paid any interest on my account anyway, I think it was something piddly like 2p per mth...I'm a BIG sucker for equality man:D

Contractual Interest isn't JUST what U've paid out!!!

 

It's about Nationwide unlawfully depriving U of YOUR money + therefore U losing out on the chance of U using YOUR money to earn interest in a High Interest Account or to reduce any Balance that U may have on a High Interest Rate Credit Card.

The argument would be the same whether actual or hypothetical.

 

Do U NOT think that whilst Nationwide unlawfully 'Borrowed' YOUR money, they didn't earn further interest on it, by lending it to someone else??

 

Have Nationwide given U back this 'extra' money that they have made with YOUR money??

...Or have they profited by unlawfully 'Borrowing' from U??

 

STILL believe in 'Equality'??!!...;-)

 

 

Nice to see that your Claim was settled before the FSO put a suspension on processing any further Claims, pending the High Court Test Case Ruling later this Autumn though!... :-)

[Aqualibrium]

Hmmm... I think I know where you're coming from about the interest, it's about them using that money to gain interest elsewhere, or the interest I could have gained through having it. The latter is a virtual impossiblity though, money was barely in my account and it was out again! I don't know, maybe I'm not as hardcore about this as yourself, I feel it's fair to get back the amount they've offered, I'm happy with that, I wouldn't have made any money of it in interest myself as it would have been spent before it had half a chance! I may be misunderstanding with the above, but I am content with the amount they offered regardless.

 

One thing though about the OFT test case, I received the offer from the FOS on Wednesday 25th July and sent the form back that night, so they may have received it on Thursday, but to my knowledge, it then has to be sent to the bank. So, the bank may not have been in receipt of my acceptance form until today, when they have all been told that they are under no obligation to investigate any claims. So, I may not be seeing any money for a while come to think of it... At least the hard bit's over though

[Aqualibrium]

Oh well. I had this fabulous idea of calling either Nationwide or the FOS tomorrow to see how the test case will effect things, but I don't think I will have to now.

 

I just read pinkprincesses thread and she called Nationwide today, they stated that no refunds will be given as of today.

 

Looks like that means me too, although does anyone think that they may be bound by the fact they have made an offer, even though they may not have received my acceptance form yet?

 

This is all getting rather muddy again, but the test case IS a very positive thing in the long-run.

[Aqualibrium]

Might be ok actually, just read this from a link to their website regarding their procedures during the test case:

 

"What if I have already been made an offer? We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint."

 

 

 

Might be alright then... ish... maybe

[MilkTrayMan]

I'm not the least bit 'Hardcore'...just altruistic!

 

Not all Claimants have the necessary level of understanding, to be able to succeed in THEIR Claims.

It's just a case of someone else cutting through some of the 'Legaleese' cr*p + pitching it at a level that is easily understood.

Once the basic concept building blocks are in place, the Claimant is then equiped to develop their own knowledge base further.

 

It's a bit like a Primary School Teacher learning a bairn how to read.

Whether the bairn only wants to read 'The Beano', or goes on to read Tolstoy's 'War + Peace' is somewhat irrelevent.

The fact is, they have been empowered to do BOTH...rather than NEITHER!!!

 

 

P.S. ...U type too fast!!!...lol...

[Aqualibrium]

I'm not the least bit 'Hardcore'...just altruistic!

 

Not all Claimants have the necessary level of understanding, to be able to succeed in THEIR Claims.

It's just a case of someone else cutting through some of the 'Legaleese' cr*p + pitching it at a level that is easily understood.

Once the basic concept building blocks are in place, the Claimant is then equiped to develop their own knowledge base further.

 

It's a bit like a Primary School Teacher learning a bairn how to read.

Whether the bairn only wants to read 'The Beano', or goes on to read Tolstoy's 'War + Peace' is somewhat irrelevent.

The fact is, they have been empowered to do BOTH...rather than NEITHER!!!

 

 

P.S. ...U type too fast!!!...lol...

 

Yes, thorough perhaps, I know what you mean. And imagine digging me up about being humanitarian when you use a word like 'empowered', in the context of course. The methods clearly work though because loads of people have seriously kicked some bankers butt, from what I have read here!

 

P.S....yes, clearly too fast for you, no rainbow fonts and underscores. Man, your artistic standards are slipping - why write a post when you can P A I N T one, creativity is the way! :grin:

[MilkTrayMan]

...why write a post when you can P A I N T one, creativity is the way! :grin:

A 'Picture' is worth a thousand words eh?!

 

Am NOT quite sure about using papier-mache, glitter, double-sided sticky tape, Pritt Stick glue + cotton wool balls in Posts though??!

...It keeps falling off my PC screen!!!...lol...

[Aqualibrium]

With regards to the test case, I don't understand how banks have the right to put a 'stay' on any claims and also are no longer obligated to issue refunds or investigate any complaints, yet they can still charge penalties? Surely with the test case being in direct relation to penalties/charges, the issuing of these charges should also be 'stayed' pending investigation?

 

Maybe I am being naive, but it seems the bank are being given the upper hand with this where everything relating to bank charges in the form of complaints and investigations has to be stopped, yet not the charges in question, which is what the whole thing is about. Makes little sense to me, personally.

[Aqualibrium]

Okay, to follow up on a previous post I made RE calling the FOS to query how the test case effects claims where offers have been made, I have just called and the guy I spoke to said he would put me through to the correct division, I was put through to another line which rung out and then went to an answer machine message which said that the lines are closed with regards to bank charges claims that have already been lodged and that the FOS will be writing to everyone who has issued a complaint, within 4 weeks.

 

BIG help, not. So it seems they are not even willing to discuss claims on any basis at the moment, they state in the message also that they have been receiving very high call volumes in relation to the test case and current claims for refunds, so I guess this is why, which is understandable, but still leaves me somewhat in the dark as to where I stand now.

 

I am considering calling Nationwide, although I get the feeling they will attempt to be even more evasive (just because they now have legal right to do so) but the fact is, they state that they will honour any offers made, so there's nothing to avoid so to speak, I would only be enquiring as to whether they have received my acceptance form and when it will all be settled. I don't fancy asking them if the test case scenario effects the 6 week time limit set down by the FOS, as I believe this is something the FOS should be addressing, as it is their time limit, but if they are not even willing to discuss anything to do with bank charges claims, then I don't see what choice I have. I have seen advice repeated over and over on here, with reference to communicating with the banks by phone or in person, this though, as far as I know is because they can use it as an attempt to baffle us less 'legally knowledgable' people, but there isnt anything to confuse me with here - they have made an offer, I have accepted, I just want to know if they are still bound by the FOS's 6 week time limit, or if they can put off settling the offer until the test case has been completed. Feels a bit incompetent calling the bank with a question that essentially, the FOS should be answering. In fact they may even just tell me to call them instead, I smell a wild goose chase.

 

Anyone think I should just call the bank anyway? I don't think I have anything to lose as such, I think...

[Aqualibrium]

Okay, so I decided against calling Nationwide and opted for sending them an email. Probably a more hassle-free method anyway, it's usually a nightmare to actually get a hold of the appropriate person.

 

Here is the said email:

 

"Dear Sir/madam,

 

In reference to my complaint regarding account charges applied to my Flexaccount, that I placed with the Financial Ombudsman Service, I am happy to note that I received your offer letter on 25th July 2007, I have since signed and returned the form to accept this offer.

I understand that all claims for refunds have since been suspended for the duration of the test case which commenced on 27th July 2007, but that Nationwide will still honour any offers made.

I believe the Financial Ombudsman Service have allocated a 6 week timescale for payment to be received by myself, following Nationwide's notification/receipt of my acceptance of the offer made.

My query is, is this 6 week timescale compromised in any way by the test case and if not, could I request the expected date (approximate, or otherwise) that the settlement payment will be made to myself?

Also, I would like to query the method of the payment, ie, cheque, or credit to my Flexaccount?

 

I look forward to hearing from you, thank you for your time.

 

Regards,

 

Aqualibrium"

 

 

They state on their site that they will reply to messages within 5 days, so we'll see what happens.

 

I should probably stop replying to my own thread now

[Aqualibrium]

Okay, one more thing, following my 3 (failed) attempts to discuss this with someone from the FOS on the phone, I also emailed them with the same query. I suspect though that they may not be dealing with enquires regarding bank account charges, via email either, just need to wait and see I guess.

[Aqualibrium]

Okay, latest update:

 

Today I called Nationwide's member service on this number: 01604 836 938, which I received from Dingwalldemon (thank you) and spoke to a very pleasant lady, I enquired about the status of my claim, she said that as yet they have not received my acceptance form from the Ombudsman. She also mentioned that with the test case, there may be a few delays at the moment, but assured me that because Nationwide have already made an offer to me, that payment will be made when they have received the form. She advised me to then contact the Ombudsman to query whether they have sent the form or not.

 

I then called the Ombudsman, the woman I spoke to said that they were having some issues with Royal Mail at the moment, but that my acceptance of Nationwide's offer was sent on the 30th July and that it could then take 4-6 weeks for me to receive the payment, following their receipt of my acceptance of their offer.

 

So all good, acceptance has been sent, will hopefully be received this week and then we'll see what happens.

[Aqualibrium]

Alright, a wee update.

 

I decided to give Natiowide a call today to check if they had received my acceptance form from the Ombudsman, which was sent on the 30th July.

I was informed that due to the postal delays they only received the form yesterday 2nd August. That's fine, I just wanted to know if they had it.

 

The very nice lady I spoke to (after being passed through 3 different departments) told me that they estimate 14-21 days for refunds at the moment and that it would be a credit to my flexaccount, which is okay too, I intend to transfer it all to my parachute account once it is fully active (still waiting for the paperwork to come through)

 

What's another 2-3 weeks eh? They're so pleasant on the phone these days, grace under pressure for sure!

 

Oh yeah, for reference purposes, the number that put me through to 'the person dealing with my case', to use their words, was the Member Services number:

 

01604 836 983:grin:

[Aqualibrium]

I suspect the wee men in the white coats are a'coming over the mountains to take me away for talking to myself, but I just received a nice letter from the FOS (looks like Royal Mail is up and running again), so I thought, what the hell...

 

It's dated 30 July.

 

"Thank you for letting us know you have accepted the bank's offer in full and final settlement of your complaint. I have written to the bank to confirm your acceptance and to tell it to make the payments it has promised if it has not already done so(chance would be a fine thing ). I am pleased that following our intervention the bank has resolved the matter.

 

 

As you may be aware, the bank is dealing with a large volume of complaints at present (that's karma for you!). Whilst we have asked it to progress this matter promptly the bank tells us that for some customers this may in fact take up to 6 weeks to complete payment (I wonder how they work out which customers wait 6 weeks and which don't?). I recognise that this is by no means ideal but in the circumstances it is not unreasonable to give the bank a time to make the necessary arrangements. (what, it takes longer to credit an account than it does to DEBIT it? ). We have of course asked the bank to improve the position, but in the meantime I regret there is little we can do to speed along individual payments. (that's okay, patience is a virtue).

 

 

If you have not heard from the bank within six weeks you should in the first instance contact the bank direct (oops, done that twice already, under the alias of "checking progress") If this does not resolve the matter or if you experience other problems in the final settlement you can of course contact me again."

 

 

Hip! Hip! for CAG members and the Ombudsman :grin:

[MilkTrayMan]

I suspect the wee men in the white coats are a'coming over the mountains to take me away for talking to myself...

Ahem!...If they need me to give them a lift...?!...lol...

 

[Aqualibrium]

They'll also need their Nikes.

 

I can run faster than a Haggis

[Aqualibrium]

WOOT!!

 

Money has been credited to my account - thought I was seeing things, checked again, but NO, IT'S THERE!!

 

Donation shall be sent today and thank you to everyone who helped

[chrisking1962]

FANTASTIC, WELL DONE. :D

don't forget to write

 

stay fresh peeps

regards

chris