Flexaccount T&Cs.

[t2suggas]

After reading through the T&Cs attatched to my flexaccount, I have agreed to allow Nationwide to withdraw charges from my account. Section 18 ii). These include interest charges I am not wishing to dispute.

 

http://www.nationwide.co.uk/pdf/current_account/P9292_FlexTermsConditions.pdf

 

Nowhere have I agreed to allow them to withdraw 'Fees'. Including, Unpaid Direct Debit Fee, Unauth Overdraft Fee and any other fees they feel at liberty to levy. Which have been dutifully taken from my account to the tune of £3,061.50

 

The word fee or any dirivitive are not to be found anywhere in the T&Cs.

 

Is it possible this is a good argument to use when reclaiming these fees?

[milecastle]

What they charged you was not a fee but a penalty charge, because you broke the terms and conditions. This point seems to be important because if they can prove it was a "fee" (i.e. a charge for a service) then it is harder to claim back (i think!).

 

If it was actually a penalty charge (which it was) then these are unlawful at such a high level and so can be claimed back much more easily.

 

I think we are in the bizzare position of having to prove we have broken their T&Cs!!

 

Someone please correct me if I am wrong.

[Docman]

Hi everyone,

 

I've got a court case against Nationwide but where I am defending. Brieflly, I had an overdrat limit of £1000 but it tended to go over and the Nationwide lumped on 'charges' for returning direct debits etc. I kept feeding the account but it didn't seem to work and I ended up ith an overdraft of £1,100.

 

I wrote to Nationwide and got various excuses and then they stopped replying, despite reminders from me (and yes that meant they were in breach of their regulators rules). A few months later I moved house and didn't bother to tell the Nationwide, as they hadn't responded to me for over four months.

 

Last January, a firm of solicitors wrote to me and within 10 days of their first letter, started court proceedings (I think that's also in breach of the Court's principles for bringing a claim, but then Nationwide are a bank, so the law doesn't apply to them (or so they seem to think).

 

Anyway, not only did I defend the action but counterclaimed for the bank charges, which are nearly £1800! The judge has already threatened to strike out Nationwide's claim because they didn't file documents on time but we are now proceeeding to exchange claims and documents etc.

 

I have received their T&C's and you are right, there does not appear to be any clause allowing them to levy these 'charges', so I am going ahead with my counterclaim.

 

I have also asked Natonwide to disclose the amount of their costs in returning each direct debit etc. Should be interesting to see the result as they will have to tell a court at long last how much it actually does cost them to return items electronically! Either that or loose.

[thelegend]

WELL DONE! There is a sticky about calling the CEO as a witness http://www.consumeractiongroup.co.uk/forum/nationwide/68206-taking-nationwide-court-get.html I just thought it may be of use to you.

[t2suggas]

Further investigation into the wording of these T&Cs, I have been viewing Nationwides' current account Rates and charges page.

 

Nationwide Building Society - FlexAccount rates & charges

 

At the bottom is a list of their 'Other account charges'.

 

Unauthorised overdraft charge - £20 per month

Charge for transaction unpaid - insufficient cleared funds - £30

Charge for cheques guaranteed - insufficient cleared funds - £21.50 per transaction.

 

I have not been charged any of these, but I have had Unauthorised overdraft Fee, Unpaid Direct Debit Fee and Unpaid Standing Ord Fee, debited from my account.

 

Nowhere on the Rates and charges page are these fees mentioned.

 

Have Nationwide shot themselves in the foot with using the two different words, which can be defined in two absolutely different ways?

 

Also, as these are not listed in the 'Charges for specialist services' section, they cannot be classed as service fees.

[Docman]

Thanks. I read the sticky when I got the legal papers from the court and noticed this about the CEO, so I named him as a witness. Wonder if he will turn up?