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Nationwide - a blunt NO

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After many letters to Nationwide, we have received a letter saying they wont give us anything back - we have asked for almost £7000. It's our fault, we;re referred to the terms and conditions etc.

My question is, where do we go from here? Shall I just send a letter regarding court claims, or should I reference their letter within it? I'm not too good with the legal stuff, and have just been using the templates from this site up till now.

Any ideas?

Also, Barclays have advised they can pay £700 off an overdraft (which wouldn't clear it) rather then return my £1440 as requested. I'm not accepting this, should I just send a court letter to them also?

Now things have moved from the basic route, I'm a bit lost.

Any help is greatly appreciated!

Comments

  • Rex_Mundi
    Rex_Mundi Posts: 6,312 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    In both cases, follow the steps in Martins article, and move onto the next step. If you have sent two letters to each bank asking for the charges back, and warning them you will go to court if the claims aren't settled, then issue your court claims.

    The answers you've had off both banks is quite normal. Don't worry too much, you still have an excellent chance of getting all these charges back.
    How many surrealists does it take to change a lightbulb?
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    Fish
  • Thanks Rex.

    We have sent three letters to each bank as we thought it was fair to provide them with a little more time.

    We'll probably go through the small claims court as we can't afford to lose a great deal of money over this, so the maximum we'll be able to claim via Nationwide will be £5000 - that's if I understand things correctly.

    Barclays gave me a deadline in which to respond but we can't actually afford the money for the claim yet. I'll probably just write them a letter in the meantime stating that I decline - do you think that would make sense?

    Thanks for your positive support.
  • Rex_Mundi
    Rex_Mundi Posts: 6,312 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    We'll probably go through the small claims court as we can't afford to lose a great deal of money over this, so the maximum we'll be able to claim via Nationwide will be £5000 - that's if I understand things correctly.

    Barclays gave me a deadline in which to respond but we can't actually afford the money for the claim yet. I'll probably just write them a letter in the meantime stating that I decline - do you think that would make sense?

    Split your Nationwide claim into two dates, each claim staying under the £5000 before interest limit (e.g......2001-2004, £4000.......2004-2006, £3000).

    Write to Barclays saying something like..............

    I cannot accept your offer of £700 as full and final settlement of my claim. I would accept this as part payment and without prejudice, but will continue my claim for the balance.

    Because we cannot come to an agreement over this claim, I am left with no alternative but to issue a county court claim for the return of these charges.

    ...............................................................

    The way things are going generally with these banks is..............

    Nationwide are tending to settle easier once a court claim is issued. Barclays are stratching claims as far as they can go without getting the claim in front of a judge. You have an excellent chance (99.9%) od success with both these banks.
    How many surrealists does it take to change a lightbulb?
    ...
    ...
    ...
    ...
    Fish
  • Thank you that's such a great help. Does splitting the claim mean we have to pay two court fees?
  • cazziebo
    cazziebo Posts: 3,209 Forumite
    Thank you that's such a great help. Does splitting the claim mean we have to pay two court fees?

    Yes, but you'll get them back from Nationwide when they pay out. They will pay about 7 days after you lodge the claim. I used Moneyclaim

    Good luck
  • cazziebo that is amazing! one week! Wow.

    I wonder if it's always that fast. We were thinking it could take months.

    Thanks for your reply.
  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    cazziebo that is amazing! one week! Wow.

    I wonder if it's always that fast. We were thinking it could take months.

    Please don't rely on this being the case. It could well be a week, equally it could be a month. Even with the same banks, it can vary wildly as to when they settle. But the main thing is you should get all your money back.
  • ManAtHome
    ManAtHome Posts: 8,512 Forumite
    Part of the Furniture Combo Breaker
    Even the courts are getting peed off with banks contesting but not defending claims http://news.bbc.co.uk/1/hi/programmes/moneybox/6305383.stm
  • Valentine - visit the consumer action group and look through the FAQs and templates. I've successfully claimed back £950 from A+L and over £7000 from Bank of Scotland. Important thing to remember is to persevere and not back down. You can do it!
    http://www.consumeractiongroup.com
    "Think for yourselves and allow others the privilege to do so too." Voltaire.
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