Quick answer please? omit LBA stage?

[gigglemal]

Hi y'all

 

In early stages of claim against Nationwide for two accounts, approx £900 and £10,900.

 

Is there ever a case to omit the LBA? Basically, I've no faith Nationwide will respond anything like positively until court involvement. Just received my refusal of refund letter today (exactly on the 14th day), the statements were sent late (42 days for the smaller account), hoping the biggy turns up today (which would be 44 days).

 

I aim to process/check my statements over the weekend, and then take the next stage on Monday. I've only received the abstract of charges for the larger amount, hence wanting to confirm what I'm claiming before the LBA or MCOL.

 

Although I don't want to count on this refund, I really do need the money as quickly as possible - hence the question about missing out the LBA. I note there was a thread on here were the customer jumped straight to MCOL once the prelim letter was refused, but could this not be construed as not following procedures by the court?

 

I know the real answer is to take as long as it takes, get everything right, but I'm only asking as there seemingly is scope to omit this stage (otherwise wouldn't ask).

 

My need for the money, coupled with the hassle I've had to this stage - at every stage, I've had to contact Nationwide to chivvy along (God knows what would have happened if I'd just waited out and expected replies, or their processes to take their course).

 

Frankly, I'm amazed I received a reply with the stated 14 days. Hopefully I don't come across as an impatient guy, more of someone that could wait if he had complete confidence everything would work proper on their side!

 

Cheers

 

PS. I was also thinking of trying to claim the contractual interest, but it's a lot to get my head around - will see how the spreadsheets come out when I process the statements.

 

[thelegend]

I would say it is unwise to go off the beaten track so to speak, the last thing you need is to have the claim struck out!

[rory32]

The reason for the LBA is that the courts should only be used as the last option, when all other avenues have failed. If you don't send the LBA the judge may deem that you have not exhausted all other avenues before going to court.

[Trish76]

Probably not a great idea to omit the LBA stage, especially with such a large amount at stake.

 

The method of issuing preliminary letters then LBA have been tried and tested by many using this site, all with great success.

 

I would advise you to stick to the guidlines layed out by this site and issue the LBA.

[MilkTrayMan]

Ditto thelegend's last post!...

 

I wouldn't be in too much of a rush to get to Court if I was U gigglemal.

With the likelyhood that one of your Claims will be allocated to the FAST TRACK (...£5,000-£15,000), not only do U run the risk of having it STAYED/STRUCK OUT cos of your impetuosity, U will also become liable to pay the Defence Costs if this becomes the case!!!

 

Did U want to hazardous a guess at what a top-flight barrister + supporting posse of solicitors cost per hour + also for Court appearances??

[rory32]

Did U want to hazardous a guess at what a top-flight barrister + supporting posse of solicitors cost per hour + also for Court appearances??

Is it more than a box of milktray??

[MilkTrayMan]

Is it more than a box of milktray??

Would U like me to express it in terms of "Deep Fried Mars Bars"???...pmsl...

[rory32]

Yum, yum!!

[gigglemal]

Cheers folks for the unanimous support, just wanted reassuring it would have been the wrong thing to do :o

 

Does seem a shame, with so much at stake, I agree - just need to hold nerve a bit more and do things the right way ....

 

Will keep my thread updated on any progress....

 

Good luck to all 'in progress', well done to past wins, and most of all thanks to all the experts & friends on here for continued advice & support,

 

[trickyt]

Hi Gigglemal. I have to agree with other posts that you are best to go the tried and tested way. However having got to the point of submitting my claim I came across another thread: 'another win-cuddles v nationwide.'

I would recommend giving it a look. I held off on my claim and instead went to the financial ombudsman service. I went on their website; downloaded a claim form; filled it in online; printed it off and posted it along with all relevant correspondance between myself and NW and added that I had contacted FOS because I was aware of the delaying tacticts

being used by the nationwide needlessly wasting court time when they had no intention of appearing in court. This saved me £120 in court fees and apparently NW are fined £500 if the FOS contact them on your behalf.

Worth considering? After all your legal costs would be more than mine would have been and I imagine with so much at stake the process would involve more stress. The Cuddles thread is well worth a look. Apparently NW suddenly react a lot more promptly. I will let people know how I fare. Good luck.

[gigglemal]

Hi Tricky, jolly good spot there old chap - read the thread & going to investigate more over weekend.

 

Seems a very interesting alternative, in that the possible quicker resolution (no doubt caused by external pressure & the £500 fine) maybe offsets the stress of the court option?

[trickyt]

Hi to you Gigglemal! Glad to see you checked out the thread I recommended. I phoned FOS this morning and my complaint has been received and a ref.no. given. They told me they are very busy at the moment but expect to action the complaint in around 7-10 days if not before so now I have started my own thread and will be keeping people updated. Meantime I will continue to advise people who have got to the point of filing a claim through the courts to hold fire and consider this new option. The thought of the ££££££££££'s NW have to fork out in fines cheers me up immensely.

I will follow your thread with interest.

Tricky

[rory32]

The thought of the ££££££££££'s NW have to fork out in fines cheers me up immensely.:grin:

 

They only have to pay the FOS if the FOS have to mount an investigation. Most banks/building society's pay out when the FOS make a preliminary approach.

[trickyt]

Cheers for that Rory. I phoned FOS and they are expecting to action my claim in 7-10 days or sooner. Apparently VERY busy at the moment. I have now started my own thread and will keep people updated but as their is a lot involved with my claim I would expect there to be an in-depth investigation as my complaint also goes into the effects NW's actions have had on my finances and other areas.

Ta;)

[gigglemal]

Well, I decided to explore the FOS option, but only after writing a letter to Nationwide (will copy & paste it on here) making some demands for replayment, one for costs 'as is' within 7 days & then costs for contractual interest if repayed within 14 days.

Working on rationale that now FOS are involved (even including the initial discussion & return of post for me signing their form, they've processed my complaint & contacted NW within 4 working days), NW may play ball rather than ass about going through courts.

 

Will keep you posted of progress