Me vs Nationwide

[dave]

How much do they owe you in charges?

[eeloojon]

They owe me 838.

[dave]

It might be worth sending them the S.10 DPA letter in the library - that way they won't be able to lodge any information with a credit agency.

 

Your outstanding overdraft will not be covered by the amount they owe you?

 

Is the £838 calculated with interest?

 

Did they give you the information about how much they had charged or was it calculated from your statements?

 

If they didn't, then put in a DPA request too - they have to comply. That way, you can claim that the whole overdraft is in dispute because they haven't given you the information yet as to how much they owe YOU.

 

Is it for the full 6 years? You may be able to go back further and thus maybe covering the amount they claim you owe them.

 

You could also write to the OFT claiming that they are doing this soley because of your following their 'guidlines' in which they stated it was for a court to decide if a charge is a penalty or not.

[eeloojon]

It might be worth sending them the S.10 DPA letter in the library - that way they won't be able to lodge any information with a credit agency.

 

Your outstanding overdraft will not be covered by the amount they owe you?

 

Is the £838 calculated with interest?

 

Did they give you the information about how much they had charged or was it calculated from your statements?

 

If they didn't, then put in a DPA request too - they have to comply. That way, you can claim that the whole overdraft is in dispute because they haven't given you the information yet as to how much they owe YOU.

 

Is it for the full 6 years? You may be able to go back further and thus maybe covering the amount they claim you owe them.

 

You could also write to the OFT claiming that they are doing this soley because of your following their 'guidlines' in which they stated it was for a court to decide if a charge is a penalty or not.

 

Thanks for your reply. The £838 is without interest and its all over the past year as I only got the account when I turned 18. I calculated it through their online banking - gave me a list of all charges so I didn't need to do DPA. I could cover the remainder of the grand to bring it down to the 500 they are allowing me.

 

Can I still say teh amount is in dispute as they have not agreed that they owe me this £838? Thus, they cannot make me pay anything back as it is in dispute and cannot pass it to debt collection either.

 

Hopefully I can get that money back before the 30th or go into the branch for a chat about it and get them to agree to give me more time!!

 

It is so wrong EBOY that they are fighting back so pettily like this. The reason we went over our limits etc is because of the spiral of charges!!

[Movingon]

Forget the Ombudsman; that department is run by bankers for bankers and you'll get absolutely no support there.

[joneshousehold]

They did pretty much the same to us. Look at our thread here

http://www.consumeractiongroup.co.uk/forum/showthread.php?p=29480#post29480

post No 24

 

We decided to take action by opening a parachute account and we walked away from the Nationwide leaving the full amount of overdraft before the reduction. This is at the same time as we started the preliminary letter and letter before action. The have tried to issue default notices etc but we have pointed out they cannot do this as the amount is in dispute.

 

Have a look at this thread as well, it's quite informative

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6161

It might seem a bit scary but there is plenty of support about if you need it.

 

Good luck

[eeloojon]

They did pretty much the same to us. Look at our thread here

http://www.consumeractiongroup.co.uk/forum/showthread.php?p=29480#post29480

post No 24

 

We decided to take action by opening a parachute account and we walked away from the Nationwide leaving the full amount of overdraft before the reduction. This is at the same time as we started the preliminary letter and letter before action. The have tried to issue default notices etc but we have pointed out they cannot do this as the amount is in dispute.

 

Have a look at this thread as well, it's quite informative

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6161

It might seem a bit scary but there is plenty of support about if you need it.

 

Good luck

 

Thank you for your post it is really quite helpful

 

What stage are you at right now? Do they keep hastling you? Are you going to wait until they take you to court?

 

Am reading the second link...seems risky but brilliant!! I would love to do the same!

 

Should I write to them refusing to bring my overdraft down and if theyw ant to take me to court so be it and then have a chance of getting rid of the lot and the account closed?

[eeloojon]

Something else weird happened today. I got a letter about a DPA request from the DPA team when I have never requested one!!!

[dave]

One word: tw*ts.

 

In the letter, did they give you the amount taken in charges? It could be a trick on their part so that you cannot claim that the whole amount is in dispute - if they have given information that shows that they only owe you the 800 odd quid, then they could still conceivably chase you and default you for the remainder.

 

I would move my money to another account - payments etc... to and from there instead. Then I would send them the S.10 letter, perhaps with a paragraph letting them know that you will be suing for recovery and you may even leave it up to a judge to decide how much to award if they don't tell you.

[joneshousehold]

We have not gone much further with this at the moment. I have sent emails telling them they can't issue default notices but we haven't pursued them too hard. The main reason is that we are also going after Abbey and a few smaller other claims. We didn't want to get too many going at the same time (I have an exam coming up and I really should start revising!) and from the posts we have seen we decided that it would be a bonus if they tried to take us to court.

 

So we have filed the Abbey claim and will give it a couple of weeks or so and then think about the Nationwide claim. I suspect however that they won't want to list us for court hearing because of Robertxc's case. That will play into my hands because I have already told them that the offer I had made to repay only a small proportion of the overdraft is withdrawn. As far as I'm concerned at the moment I am not paying any of it. If they take me to court I shall fight it and then hopefully it will end up like Robertxc's case.

 

If it gets left long enough or I find they have listed the default with credit reference agents I shall file my claim and get back all my money and the default removed.

 

I think that counts as a 'heads I win, tails you lose' scenario! It's still a bit scary however so I'm still waiting to see what happens. It's a bit like two fighters circling the ring trying to weigh each other up. The only thing is that the bank thinks they are a heavyweight and I am just a lightweight. However I have CAG on my side (he ain't heavy, he's my brother)

 

Let us know how you decide to proceed but I have found that by withdrawing all our money and taking the account elsewhere did put us in the driving seat. Nationwide have gone very quiet on us at the moment. Good luck with whatever you decide to do

[eeloojon]

One word: tw*ts.

 

In the letter, did they give you the amount taken in charges? It could be a trick on their part so that you cannot claim that the whole amount is in dispute - if they have given information that shows that they only owe you the 800 odd quid, then they could still conceivably chase you and default you for the remainder.

 

I would move my money to another account - payments etc... to and from there instead. Then I would send them the S.10 letter, perhaps with a paragraph letting them know that you will be suing for recovery and you may even leave it up to a judge to decide how much to award if they don't tell you.

 

I have moved everything to my boyfriends account so I am safe there.

 

The DPA letter I got today says RE. Request for a copy of your personal information. and goes on about howthey require a tenner for the subject access request and then says that they have requested dublicate statements for me which will be sent to me in due course...

 

The funny thing is, in all my dealings with them I have never even mentioned DPA or getting statements!! Its all just too odd. I have sent then the S.10 letter on internet messaging. Maybe I should phone them and ask why they sent me a DPA request letter when I never mentioned it?

 

joneshousehold good luck with everything I would just leave it until they take me to court but then they will keep applying charges and 29% apr come the 30th april....I dunno if I can hack all the phone calls and threats really. plus what if I lose?

 

Bleh I am still toying with the idea of filing the court claim on Monday but the thought of them taking em to court and maybe like in robertxcs case the whole lot getting wiped really would be satisfying.

[joneshousehold]

joneshousehold good luck with everything I would just leave it until they take me to court but then they will keep applying charges and 29% apr come the 30th april....I dunno if I can hack all the phone calls and threats really. plus what if I lose?

 

You could always tell them the phone calls amount to harrassment. Have a look at this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3656

(but I think you may have just seen it)

 

I'm not sure that anyone has really lost yet either!

[eeloojon]

You could always tell them the phone calls amount to harrassment. Have a look at this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3656

(but I think you may have just seen it)

 

I'm not sure that anyone has really lost yet either!

 

I had a credit card with capital one and they called me loads everyday if i didnt answer when I was over my limit or missed a payment.

 

Thing is it was my fault for not answering - I hate dealing with these kinda ppl on the phone and was embarrased!!!

 

Once I replied they usually backed off for a week or so.

 

I am trrying to think what will happen if I just leave it for now. On May 30th I will be a grand over my overdraft limit without their consent. they will charge me every month for that and also 29.9% apr or whatever. So itll prob around 60 a month they will add on.

 

If they just leave taking me to court then after a while the charges will amount to much more than I actually owe. Which is a better position to go to court with.

 

Buttt could they pass it over to a debt colletion agency even if it is in dispute? Or send their representatives round. Dont think I could deal with that. feeling like i am in the wrong etc.

 

They really are gits!!!

[joneshousehold]

I think you need to be more confident about this.They can't collect a debt if it is all charges and those charges are unlawful. They shouldn't even put it with a collection agency if the amount is in dispute.

 

I'm afraid I'm just too much under the influence at the moment to find where I saw this but I know it's there somewhere. Let me think about it tomorrow and I will let you have a better reply.

 

If you post something on here it will be on my list of new posts to remind me tomorrow.

 

The thing about the charges is that as they increase so does your debt and even in my addled state I am sure that still leaves the same amount, if any, of non-charges debt unless I have totally misunderstood your posting.

 

Let me think about this.

[eeloojon]

I think you need to be more confident about this.They can't collect a debt if it is all charges and those charges are unlawful. They shouldn't even put it with a collection agency if the amount is in dispute.

 

I'm afraid I'm just too much under the influence at the moment to find where I saw this but I know it's there somewhere. Let me think about it tomorrow and I will let you have a better reply.

 

If you post something on here it will be on my list of new posts to remind me tomorrow.

 

The thing about the charges is that as they increase so does your debt and even in my addled state I am sure that still leaves the same amount, if any, of non-charges debt unless I have totally misunderstood your posting.

 

Let me think about this.

 

Heh ok. Yeah teh amount of non charges debt will be the same. i am just not being confident about it plus my other half wouldnt want massive debts being racked up even if they are all charges and interest.

[joneshousehold]

Right I have had chance to search the forum and found these links. Have a look at them.

 

This one is a bit frightening but post No 18 is useful.

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4625&page=2&highlight=debt+collection+telephone

 

Then look at this site which is a lot less frightening

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2460&highlight=Protection+Harassment+1997

 

or even try them the other way round, it doesn't really matter. They deal with the harrassment question.

 

The other bit is to do with amounts in dispute. I have read a few threads that have discussed this area and have found some of them using Search. These are quite useful. The one from Bankfodder is clear and sets out the best way to deal with this.

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7193&highlight=Banking+Code

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2128&highlight=Banking+Code

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6161&highlight=Banking+Code

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5910&highlight=Banking+Code

 

I suggest you use Search and the term Banking Code if you want to look at any more.

 

Hope this helps. I'm off to get a glass of wine now!!!!

[eeloojon]

Thanks for your replies.

 

I still dunno what to do.

 

It says on the letter I got that if I cannot pay the 1000 by the 30th I have to contact collections department.

 

Should I do this? What can I say? That most of it is made up of charges?

 

I really dunno what to do...apart from get my ass down to court.

[BankFodder]

Have you sent them a section 10 data protection act notice? This notice in these circumstances would basically warn them that the amount is in dispute and would also warn them not to put a record of the debt onto a default status. However if you do send them a section 10 notice, then you have to be prepared to follow it up. Like everything you do on this forum either you do it seriously well you don't bother. Otherwise you lose credibility very quickly and then you just become raw meat for the banks.

How long ago did you send them your preliminary letter?

 

I quite agree that you should start claiming very quickly. I think that you should send them a letter before action giving them seven days -- no more than that -- and then issue the claim.

 

I read somewhere in this thread that you say the overdraft is mostly charges. How much of it is not charges? I think that you should pay this amount oft has a matter of urgency to resolve any ambiguity about the amount of money in dispute and make it clear that it it is entirely the banks fault. If there is the slightest amount of money legitimately owed to them they will capitalise on this and they will exploit this as a weakness.

[eeloojon]

Hi Bankfodder,

 

My overdraft is 1550 and about the last 15 months charges come to 819 but I am about to send a tenner off to find out the previous 15 months as i just realised I opwened theaccount back in 2003 so earlier than I thought. Nationwide say my statements are ready and waiting. It's like they want me to take them to court!

 

I havent really followed up on my letter of action that I sent quite a long time ago. I was reading joneshouseholds dilema and the case of robertxc and kinda hoping that Nationwide would take me to court instead but yeah your right - I will get off my ass and go to court for 750 then again for whatever is left andthe previous 15 months.

 

Only thing worrying me at mo is about this 1000 o/d facility being taken down to 500 next week. I assume collections will need to start chasing me for it and I dunno how to deal with them. Should I write them a letter before then saying that I will be commencing court action now and refuse to pay up until that matter is closed? I have sent the section 10 data protection act notice letter, yeah.

[joneshousehold]

eeloojon

The reply I had from Robertxc is that it is easier to take the bank to Court yourself as they will probably settle whereas if you wait for them then you will definitely have to appear in Court. It will probably be a long drawn out affair with several hearings and in the meantime your credit ratings are shot to bits as there will be a default listing with the credit reference agencies. To me there seemed little choice really and I intend taking his advise (just too busy to do it yet this week). When I do I will post it in my thread.

 

On the question about your overdraft, you really need to get out of the account. We opened another one and transfered our pay and DD's etc. We withdrew all the money from the account up to the level of the original overdraft and then contacted them to try and negotiate the debt against the claim. So far they are not playing ball but then the Court papers are not yet on their desk so they can afford to take that attitude.

 

At least if you have the money out you don't need to worry about the reduction of overdraft facilities. You could take it to the level of your estimated claim. It gives you some leverage and more power than you hold if you continue to try and maintain the account.

 

To be honest, a lot of what you say mirrors what has happened to us and to several others so I would not be too concerned about it. We have already started court action against Abbey and before we had taken that step I was very nervous. Once I had sent the claim I was as high as a kite and I am certainly a lot less nervous about the thought of pursuing Nationwide now.

 

I do understand how you feel. It is daunting. In a way the banks rely on that and assume many people will not take court action for that reason. I suspect they are right. You do have to be prepared to see this through if you want your money back because if you don't in my experience they just will not pay up. Have you tried the buddy system to see if anyone can come with you if it does go to court (but I do have a lot of confidence that it won't). It is your call though, the rest of us can only help and encourage.

 

Also remember there are loads of people here (more than 20,000) standing with you on this. You are not alone and we are all with you.

[eeloojon]

I have just prooved that at least in my case, Nationwide have been using tactics to try to wiggle their way out of paying charges back and scaring people into paying overdrafs back.

 

I recieved a letter after letters sent by me regarding charges, that demanded a repayment of 1000 of my 1550 overdraft. It said that it was due to their 6 monthly review which concluded I was getting too many charges etc ie not maintaining account properly.

 

Well...since then, on internet banking, I have managed to turn the 500 o/d they permitted me into 1450 o/d. Which clearly shows that actually, according to the data they have on me, I am credit worthy of nearly a grand more than they claim.

 

Naughty Nationwide!

[eeloojon]

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group