Marfleet V's Nationwide

[marfleet]

hi all i looking for some advice i sent my prelim letter 13 days ago and got this reply today i have attched a copy of the prelim and there reply to this thread i would be great full for any advice on where i go from here

regards

marfleet

prelim.doc

[marfleet]

can any one please advice

[MilkTrayMan]

Hi marfleet!

The JPEG Files that U have attached open out to a very small viewing size!

Perhaps that is the reason why no-one has replied with constructive comments to help U?!

Could U not try re-scanning them at a scale where they are more easily readable??

[marfleet]

i got a letter yeasterday saying

thankyou for your letter about charges incurred on your account

 

feedback from our members is absolutely invaluable, so we appreciate the time you've taken to contact us about this issue. We're naturally disappointed that we have n't met your expectations on this occasion.

 

wwe are grateful for the opportunity to explain the rationale behid our charging policy and were aware there has been alot of speculation about fees, charges and the impending office of fair trading (OFT) decision, in the media

 

we understand that some customers may experience unforeseen financial difficulties and its certainly not our intension to make things more difficult for them at the same time when you opened your account you agreed to abiode by the terms and conditions clearly setting out how accounts should be operated

 

charges are applied to a members account when the account exceeds its agreed ocerdraft limit or a payment is returned due to insufficent funds. we notify you of the charges incurred, on your monthly statement and the charges are debited from the account 28 days after the statement is produced. we'll try wherever possible to help you manage your account but it is ultimatley your responsibility to ensure that funds are available to cover charges and any further payments are due.

 

if you are having difficulty managing your account we may be able to agree to provide you with an overdraft facility/increase your averdraft, if you request this in good time. you can apply online, by calling 08457302010, or by contacting your local branch. of course acceptance is subject to our lending criteria and cannot be guaranteed. you might also find that the enclosed page is helpful in avoiding furture charges.

 

after careful consideration of your requst we're sorry that we can't agree to your charges being refunded. only in exceptional circumstances do we refund charges and on this occasion we feel it would be unfair to other members who find themselves in a similar situation and whose charges still remain. we realise that our answer will disappoint you however we trust that we have clarified the society's position.

 

any advice on what to do next would be greatful

regards

marfleet

[MilkTrayMan]

i got a letter yeasterday...any advice on what to do next would be greatful

It's just a bog standard 'fob-off' letter....Ignore it.

Keep to the timescale that U have set Nationwide.

When their 14 days are up...Send them your LBA!

[marfleet]

as i got a letter back from them i take it i should amend the lba as below

 

I am very disappointed with the responce to my letter of the [XXDATEXX].

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 and contrary to 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.

 

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

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

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 [XXDATE OF FIRST LETTERXX]

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

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.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

[marfleet]

i sent the LBA to nationwide and get this reply

thankyou for your letter about charges incurred on your account

 

feedback from our members is absolutely invaluable, so we appreciate the time you've taken to contact us about this issue. We're naturally disappointed that we have n't met your expectations on this occasion.

 

wwe are grateful for the opportunity to explain the rationale behid our charging policy and were aware there has been alot of speculation about fees, charges and the impending office of fair trading (OFT) decision, in the media

 

we understand that some customers may experience unforeseen financial difficulties and its certainly not our intension to make things more difficult for them at the same time when you opened your account you agreed to abiode by the terms and conditions clearly setting out how accounts should be operated

 

charges are applied to a members account when the account exceeds its agreed ocerdraft limit or a payment is returned due to insufficent funds. we notify you of the charges incurred, on your monthly statement and the charges are debited from the account 28 days after the statement is produced. we'll try wherever possible to help you manage your account but it is ultimatley your responsibility to ensure that funds are available to cover charges and any further payments are due.

 

if you are having difficulty managing your account we may be able to agree to provide you with an overdraft facility/increase your averdraft, if you request this in good time. you can apply online, by calling 08457302010, or by contacting your local branch. of course acceptance is subject to our lending criteria and cannot be guaranteed. you might also find that the enclosed page is helpful in avoiding furture charges.

 

after careful consideration of your requst we're sorry that we can't agree to your charges being refunded. only in exceptional circumstances do we refund charges and on this occasion we feel it would be unfair to other members who find themselves in a similar situation and whose charges still remain. we realise that our answer will disappoint you however we trust that we have clarified the society's position.

 

 

is this normal?

[chrisk7]

hi

yeh its normal i got same one,just continue with your claim,n1 form via county court or mcol,whichever you think is the best route for you,

[daniel12]

Nationwide did not even give me the pleasure of a response from the 2nd letter - then last week got a copy of a letter dated the 16 May 2007 and my statements - which I had already received in May - useless they really are:p

[copeswell]

I only ever received one letter from Nationwide they responded to the first letter,I then just kept track of the passing days and filled for the refund via MCOL 14 days after I had sent the warning letter of my intention to go to court, once you have done the court claim you may get some correspondence from Eversheds (firm who act for Nationwide) but the next time you will have anything from Nationwide will be like me after they have paid out in my case paid out Thursday (all charges and interest) received a letter Friday telling me they had paid and advising me that they may close the account if I incur charges again and ask for them back.

If you dont get any replys it dosent mean you cannot proceed just keep counting days

Letter 1 14 days ( I asked for charges only)

Letter 2 14 days ( I asked for charges plus interest)

File at county court or on line MCOL then the time scale is dictated by the courts.

5 days from filing will deemed to be served,they then have 14 days to acknowldge then if they acknowledge they have a total of 28 days from the deemed serve day to file a defense,Nationwide usually pay up within th 28 days.In my case Charges interest plus fees.