Macca77 v Nationwide

[macca77]

Apologies - posted in wrong forum!

[macca77]

Hello everyone,

 

This is my 1st post. Have spent sometime looking over the site and have already got things underway to claim back charges issued by Nationwide. Requested a breakdown of charges over the last 6 years which exceeds a £1000.

 

Sent a standard letter before joining this forum to request the charges be reversed to which I received a letter telling me that only in exceptional circumstances do they refund charges. We'll soon see if they change their mind!!

 

As I understand my next move is to present these charges in a LBA. I have only included the actual charges in my calculation and not the interest charged by Nationwide for being/going overdrawn - (never had a pre-arranged OD with them). Is this correct?

 

If anyone can give me sage advice, pointers or info would be greatly appreciated.

 

Thanks, Mark

[freakyleaky]

No worries! Good luck!

[maroondevo52]

Hello and Welcome, Mark.

 

Yes your next move will be your LBA, giving your Bank 14 days to comply.

 

Have a look here...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Then start your own thread here....

http://www.consumeractiongroup.co.uk/forum/nationwide/

 

Keep your thread updated, so people dealing with them can help you out.

And yes don't mention the Interest until court.

 

Regards.

 

Scott.

 

[macca77]

Thanks Scott for the quick response.

 

Can someone just clarify 2 points, which I think I know the answers to but would just like a second opinion?

 

1. I have a list of charges since 18/04/2001. Will I be able to claim for these? Is the 6 year limit fixed and when does it start from? Date of 1st request to refund charges, start of court action etc?

 

2. Can I claim back the interest charges applied to my account by Nationwide for going overdrawn. As i never had an overdraft with Nationwide these costs are a byproduct of the charges.

 

Many thanks in advance, Mark

[maroondevo52]

Hi, Mark.

 

Have a look at this...

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

A lot of people don't bother with the o/d interest as it can be very complicated working out, unless it's for a big amount.

 

Regards.

 

Scott.

 

[macca77]

Just a quick hello to everyone trying to claim back from Nationwide.

 

I have received a breakdown of my charges, requested a refund, which has been refused. Just about to send a LBA. Hoping to get in excess of £1000 back over the last 6 years.

 

Will keep you all posted. If anyone has any good advice would be greatly appreciated.

 

Kind regards

Mark

[ej3166]

hi mark,

have won today from nationwide and last week from halifax.

just to say,i went down same route as you,but nationwide tend to ignore l.b.a letters.so therefore you have to issue mcol claim.they then usually acknowledge claim just as date for default claim drawing near,giving them another 14 days to fight.you then should recieve a settlement letter day before next judgement by default date approaches!!

they have settled my claim in full(minus o/d figure)

i tried to ring in between l.b.a and issuing court summons but nationwide adamant they will not settle before any court claim is issued! although they do tend to refund court costs to you once settled.

i have jus posted a thread on this in this nationwide folder look for ej3166(name) it gives a timeline of my case.if you need any other help just shout.

eveyone brilliant on this site and answer most queries quickly(5 mins sometimes!)

regards

ej3166

[macca77]

Thanks ej3166 for the rapid response. When someone comments on your individual case from their own experience it restores faith somewhat.

 

Will keep updated with my progress. Will sent LBA recorded delivery today.

 

Thanks, Mark

[macca77]

Having sent off my LBA to Nationwide, I got a letter back stating that Nationwide were unwilling to refund any charges.

 

So this looks like I'm going to have to lodge my court claim. Is there any preference between using the standard form or the online (MCOL) form? Also, is any cost associated with this part of this process?

 

 

As I understand it once it has been served they have 14 days to acknowledge, (do nationwide usually do this), after which point they will have 28 days from issue to enter their defence. Do Nationwide usually acknowledge? Also once/if they do, how long before a court date is set?

 

Many thanks in advance

[livelylad]

We advise using the N1, this allows you to have a solid Poc.

 

 

County Court Fees

 

I would expect them to ackowledge, however each case differs. Just follow the set time frames laid down by the court proceedure.

 

 

 

 

 

3 threads merged and thread title changed

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far

[macca77]

Thanks for the advice. Am filling in the N1 form and within the section marked VALUE I have entered the relevant details.

 

Referring to the advice given within: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

After the total value section you should include the following

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

I am unsure what is states by ENTER DAILY RATE? What daily rate?

I have £1059.00 of charges, which equates to 23 pence per day. Is that correct.

 

Also, after the VALUE section there are areas for the defendant's name and address and a section to total up costs. I take it that this is just duplication of the previously entered details.

 

Thanks in advance.