Caroline VS Nationwide

[carolineiam]

I cannot wait to sue them ..... they have been really horrible to me when I was in maternity pay not being able to afford the credicard. I had told them that when I finish my maternity leave then I can resume payments in my credit card which was not over the limit. The said 'tough' I said it is only gonna be for 6 months and then I would be back to work. Maternity pay is only 400 a month ! they said tough and they froze my bank account (also with Nationwide) until I pay up the credit card installmen. In the bank account there were my family tax credit benefit and my maternity pay and my child benefit. I explained this to them and they said : tough ! so I had to borrow some money from my brother in order to pay one installment so they lifted the freeze from my account so I could buy baby milk etc. So I opened a different saving account and got all wages / benefits there. I started paying 50 pounds a month to my credit card. Even though I carried on paying they took me to court and got a charge on my property and I had to pay court costs as well .

 

 

They were horrible and I will enjoy taking my own back on them. :-x

 

 

 

I got my statements for my flex account and waiting for my Nationwide credit card statements on monday.

 

Do you reckon I should do two separate claims or include both flex account and credit card claims in one letter and subsequently in one court claim ( it would be less than 5000)

[Todge]

caroline

 

For the sake of simplicity, I think it would be best to do two spreadsheets, but to send one 'prelim'/'LBA' etc with the total amount shown.

 

The facts that you relate in your post are truly horrifying.

 

It beggars belief that in 2007 we still see this happening.

 

If you have time, check out the following links ...

 

BBC NEWS | England | Devon | Woman settles Halifax stress case

 

http://www.consumeractiongroup.co.uk/forum/general/87097-has-anyone-used-ssaa.html

 

The facts of your case have to be worth reporting to the FSA? The BBA (Banking Code)? Trading standards? OFT? Appalling.

 

The decision maker handling your account at the Nationwide has no place in decent society, let alone working for a bank.

 

Really HTH,

T.

[christhesparky]

im sure one of the experts will be along soon to help you out,

 

you should be at the same stage as me, ive just sent my prelim off, so expecting standard bog off letter anytime soon

[thelegend]

absoloutely horrific.......

Proud to be different? Mutual society? Care about members?

They deserve everything they get, dont hold back.

When you have got the money back (and of course if you are up for it) I would be inclined to get in touch with the bbc. Im guessing thats the sort of story they are looking for.

[MilkTrayMan]

Hello carolineiam!

 

I realise that U have already set up another account for your income

(...U don't make it clear whether it's still with Nationwide, or another Bank btw??!)

and the rest of this post may now be irrelevant, but it may serve U well in the future.

 

Below are several links to Threads about the "Right of Appropriation" and how just a couple, of many, CAG Members have used it to try to stop their Banks from having 1st call on their meagre income...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/84731-norwich-peterborough-1st-right.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/90699-please-help-me-right.html

 

 

 

With regards Nationwide having obtained a 'Charge' on your home...

U may find that by reading through some of the Threads and/or starting your own Thread in the "General Debt Forum", U will come across others who will be more readily able to advise U

http://www.consumeractiongroup.co.uk/forum/general-debt/

 

Here are some external links to some further helpful advice that U may also find useful...

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

National Debtline England & Wales | Debt Advice | Factsheet 18 Interest Charges On A Consumer Credit Judgment

 

Removal of CCJ's - Main Menu

 

Removal of CCJ's - Step by step guide to the process

 

Removal of CCJ's - Valid reasons to have your judgements set aside

(No. 9 valid reason to apply for a "Set Aside" may be applicable if unlawful Penalty Charges were part of the Total that the original CCJ was given for??!)

 

 

 

I personally, would keep the Claims on your Flexaccount and your Nationwide Credit Card separate from start to finish, beyond the S.A.R. stage.

If U try to combine the two, Nationwide will no doubt, attempt to get U confused.

Another reason is that Interest is worked out differently on Credit Cards than on Current Accounts.

Finally, problems with any one part of your combined Claim, won't jeopardise or hold up the other part, if U keep them split.

 

Reading through #4 of the following Thread may help U consider your next options @ the Preliminary Letter stage...

http://www.consumeractiongroup.co.uk/forum/nationwide/70325-im-new-confused-please.html

 

 

Best of luck!...

[carolineiam]

Hi all...

 

Nationwide wrote to me saying they LOST they S.A.R letter and do I have any evidence of this. I wrote back sending them a photocopy of the royal mail registered delivery page including a scan of the signature of the guy that received the letter in their data protection department. The letter was authored by a Susan Taylor. I also included a photocopy of the postal order that was CASHED ! Further to that I reminded the that they are not following the law as there has been 93 days since the S.A.R was issued.

[carolineiam]

I got another letter saying if they could have a copy of my initial S.A.R. I emailed them the following :

"

Please find attached a copy of the original letter I sent to you, delivered by Royal Mail's next day Special Delivery on xxxx

 

I require a formal Data Protection response to this in reference to my initial application received by Nationwide Building Society 91 days ago.

 

As we discussed on the phone earlier, I require a complete list of transactions and charges relating to my Credit Card Account fromxxxx xxxx up to xxxx You stated that you have requested a copy of all my credit card statements to be forwarded to me, which I should receive by Monday 4th June and I can confirm that I am happy with this.

As I mentioned, I am not interested how you meet your obligations, (contacting credit card services, etc) just that you do. I'm stunned at how my original letter can go completely astray in your department yet the postal order enclosed with it is banked the very same day!

 

Nevertheless, your sincere personal assistance has been noted and very much appreciated.

 

Yours sincerely

[carolineiam]

I Waited and waited and nothing has happened .... not delivering what they promised. I received a call saying that I should give them another coupled of days. So I emailed again

 

"

In our previous correspodence in regards to your outstanding

non-compliance in regards to my subject access request received by your

department on the xxxx 07 you reassured me that I would have a

reply by Monday the 4th of June 07. Unfortunately this hasn't happened

yet as I have not received the aforementioned credit card statements.

Frankly my patience is wearing thin. The next stage will be

either a formal complaint to the FO, the ICO or the county court which

has the power to force you to comply with my request as well as award

damages. It is clear to me that reasonable time has been given

to you. Nevertheless, due to yourself promising that Nationwide will

comply with my request I am willing to wait for an extra 4 days.

Thus I will expect that until the 7th of June I will receive the

information you now unlawfully withhold. Thank you

[carolineiam]

They called me again saying that they can trace statements for 2 whole years ! I said that this is rediculous and as I have defaulted on the credit card and they took a charge on my property for the alleged debt they must have them statements or instantly they should wipe off the debt I incurred in the said years. They said they will investigate further.

 

Hey I got an email reply :

 

 

Thank you for your email.

 

I have been advised that all available statements will be despatched to

you on 06.06.07.

 

Once again please accept my apologies for the delay you have

experienced

in receiving your information.

 

Kind regards "

 

 

to this I replied :

 

'Thank you for your prompt reply. I will expect that you will comply with my S.A.R and provide me statements relating to the period of time I specified. I find it difficult to understand what is it that you mean by stating that 'all available statements will be dispatched" Surely all statements of my credit card account should be available regardless.

 

I hope that Nationwide will comply fully with my S.A.R and provide the information I requested for the time period I requested. If the information I receive does not cover the whole time period requested in the S.A.R you received on the 20th of feb 07 then I will have no other option but to issue a formal complaint to the FO and the ICO or pursue a claim to the county court which has the power to force you to comply with my request as well as award damages. '

 

 

 

 

How do you guys think I am doing so far ? Do you think they are trying to be funny with this .... they are so polite in the phone and they did admit they delayed the claim and that it was their fault.

[MilkTrayMan]

Hi carolineiam!

 

One of the reasons why Claimants are adviced NOT to contact Banks other than via written correspondance is cos the Bank will attempt to bamboozle them over the phone + the Claimant has no 'hard' evidence to produce in court of whatever the Bank verbally promises and fails to deliver on.

 

If Nationwide have failed to comply with your initial S.A.R. after the 40 days are up, the course of action is simple.

Don't let them further 'slow time' U...act positively + assertively.

 

They have committed an 'Offence' + they KNOW that they have!!!

U really NEED to read the following links...

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/7054-data-protection-act-taking.html

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/91-data-protection-act-1998-a.html

 

Please don't let them draw U into further needless correspondance/conversation.

Take the 'bull by the horns'...Tigger!

[Rachel27]

Hey Caroline

I read your story with interest, I too had a similar "incident" with NW whereby I was made redundant, I was overdrawn on my flex account and they wanted me to pay the overdraft up in full, because I couldnt, they froze my whole months salary and threatened to put a charge on my house. I went to the CAB, they put the phone down on them twice - so I too have taken great pleasure in getting my own back on them. I am further along than yourself, I submitted my N1 form to court with a copy of my charges (over £1000 worth) and they failed to lodge a defence as of yesterday, so today I have posted my request for a court judgement. Fingers crossed that this goes in my favour! I didnt have the same issue as you trying to obtain the list of charges, sounds to me like just another delay tactic they are using to try and put people off - do not be deterred! Everyone on this website are fantastic, i couldnt have got this far without them. I will watch your case with interest. GOOD LUCK

[carolineiam]

Hey Caroline

I read your story with interest, I too had a similar "incident" with NW whereby I was made redundant, I was overdrawn on my flex account and they wanted me to pay the overdraft up in full, because I couldnt, they froze my whole months salary and threatened to put a charge on my house. I went to the CAB, they put the phone down on them twice - so I too have taken great pleasure in getting my own back on them. I am further along than yourself, I submitted my N1 form to court with a copy of my charges (over £1000 worth) and they failed to lodge a defence as of yesterday, so today I have posted my request for a court judgement. Fingers crossed that this goes in my favour! I didnt have the same issue as you trying to obtain the list of charges, sounds to me like just another delay tactic they are using to try and put people off - do not be deterred! Everyone on this website are fantastic, i couldnt have got this far without them. I will watch your case with interest. GOOD LUCK

 

 

Thanks for this claire .... I will need your help in future .

[Rachel27]

Hi Claire, apparently I would have been better off waiting and giving NW another 7 days to file a defence - unfortunately that advice was too late for me but worth keeping in mind for yourself. It would seem to be another delay tactic the banks are using because even if a judge has ruled in my favour, they can then apply for the judgement to be set aside- giving them a period of time to file a defence - delaying my claim even longer. Will let you know how it goes.

[trickyt]

Hi Caroline, I have been trying to get back my charges from NW since January and ended up following advice on this forum. I had filled out my court claim and just wanted to check everything was o.k before filing it when I came across a thread 'another win-cuddles v nationwide'. He had got fed up with the standard bog off letters and went to the Financial Ombudsman Service. He got a very quick response from the Nationwide and other people posting on his thread are trying the same thing. I immediately stopped my court claim and went the FOS way yesterday saving myself the £120 court costs and apparently every time the FOS send a letter of complaint on someones behalf NW get a £500 fine. Take a look at his thread. You may wish to consider this route; save yourself the court fees; save yourself the anxiety and hopefully get the same results. Good luck.

[carolineiam]

8 days after posting the prelim letters for ntwide credit card and my flex account I received a reply for the ntwide credit card.

 

 

It stated that they will only pay the difference on any charges over the 12 pound limit. They quoted the OFT saying that 12 pounds are fair. They also said that they would return this balance to my account even though the credit card is closed due to me defaulting on it !

 

 

I am still waiting for a responce for the flexaccount.

 

 

I quickly drafted a letter for my responce.

 

Shall I posted now or wait for the 14 days to fully expire ?

 

 

LETTER BEFORE COURT ACTION

 

Dear Sir/Madam

Regarding: Nationwide Credit Card Services: Gold card number: xxxxxxxxxx.

 

 

I am very disappointed that you have failed to positively respond to my letter of the xxxxxx. Furthermore may I add that the OFT recommendation is not legally binding and that I am very much aware that you have been refunding the full amount to other disgruntled customers of yours as it is clearly shown with the amount of cases you have settled in full and unconditionally so far.

 

Due to recent media coverage on credit card charges and my enquiries to legal professionals as well as a number of financial recovery companies specialising in this field, I now believe that you, Nationwide Building Society have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in her obligation, to pay a disproportionately high sum in compensation. I now believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999.

In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e). I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against and 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.

 

Therefore I require you to refund me a total of £3000, representing the total, unlawful amount which you have levied from the aforementioned credit card account during the period xxxxxxxxxxxx.For your convenience I am again attaching a spreadsheet with the charges, I have already sent you a copy of this in my original letter of the xxxxxxxxxx

I hereby give you a further 14 days to reply accepting my request and letting me know a date by which I will receive payment, preferably in the form of a cheque, for the full requested amount. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in my local county court without further warning. This action will inevitably involve you in additional costs (court fees, your solicitors fees, claimed statutory interest etc).

I will expect that the monies will not be placed back in my credit card account as it is now closed and as I will be exercising my first right of appropriation for these funds. If you are uncertain of what this means then please contact your legal team.

[hedgey06]

Wait for the 14 days to expire - then send LBA

[carolineiam]

Wait for the 14 days to expire - then send LBA

 

 

Why wait ? if they replied ....they replied right ?

[MilkTrayMan]

Why wait ? if they replied ....they replied right ?

If U gave them 14 days...WAIT 14 days!!

[carolineiam]

If U gave them 14 days...WAIT 14 days!!

 

 

But why... they have allready replied ! ? I can see why I should wait 14 days after the lba as i said that i will take them to court . but the prelim states that ' ...you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect'' they have not responded positevely within this time period and thus i will give them a letter before action giving them a further 24 days in which to reflect.

[DARLOPONTY1]

If you have given 14 days for your bank to refund your charges the courts may state that you are being unreasonable by commuting the given period by starting action before the period has elapsed. Remember you are the one that is trying to demonstarate that you are acting in good faith.

 

If you do not keep to your word if give nationwides solicitors grounds to procrastinate and delay in repaying your charges. Just read some of our threads. Nationwide are one of the worst Institutions for acting unreasonably.

 

Be patient and follow the guidance and you will win through.

 

All the best

 

DP1

[MilkTrayMan]

Hi carolineiam!

 

Don't wait 14 days then + see what happens!

But as DARLOPONTY1 has said, it doesn't pay to rush these things.

 

CPR 1 explains further...

PART 1 - OVERRIDING OBJECTIVE

 

Do U REALLY want to risk your Claim being Stayed, or even Struck Out!!!

...Just cos U didn't want to wait a couple more days??!

[carolineiam]

Hi carolineiam!

 

Don't wait 14 days then + see what happens!

But as DARLOPONTY1 has said, it doesn't pay to rush these things.

 

CPR 1 explains further...

PART 1 - OVERRIDING OBJECTIVE

 

Do U REALLY want to risk your Claim being Stayed, or even Struck Out!!!

...Just cos U didn't want to wait a couple more days??!

 

 

fair enough thanx for this advice and your patience ... in the 14 days shall I include weekends or do i just count 14 working days ! ?

[DARLOPONTY1]

Hi Caroline

 

Include the weekends thus if letter issued 7/7/07 14 days up 21/7/07.

 

DP1

[MilkTrayMan]

NOT when letter issued.

...When letter RECEIVED!!!

 

...i.e. Letter sent on 07/07/07...Received on 09/07/07

(14 days = 23/07/07)

...Next letter sent on 23/07/07

[carolineiam]

NOT when letter issued.

...When letter RECEIVED!!!

 

...i.e. Letter sent on 07/07/07...Received on 09/07/07

(14 days = 23/07/07)

...Next letter sent on 23/07/07

 

thanx for this !