Nationwide taking ME to court????

noocar43

Hi it's been a long time since i've been on this forum!
SORRY

I used this forum constantly in 2007 to successfully claim back bank charges, charges that Nationwide stuck on my account whilst I was in the middle of a messy divorce (I lost everything,) and nearly put me in financial rouine! Despite pleading me with them that this was a minor blip until my joint accounts with my x/husband were un-frozen! I had to rent a house and furnish it for myself and 3 kids.....

Thanks to everyone's help on here I got all those charges back. :money:.... OR so I thought.

When I took Nationwide to court I asked that the charges be paid back by way of a cheque made out to me. My account was in overdraft due to their charges!!!!
They paid it back into the account.... AND YES immediately took back £173 of some of the charges.... Fine I thought I got some of it... So I started to draw the money from the account until one day I went to draw the last £10.00 out (which would have left £2.43, they could take and shove it!!!!) But the ATM snatched my card saying that the account was closed and that this was an unauthourised transaction. AHHH well! I thought, I'd had a good innings with the rest of the charges id reclaimed....

AND that was THAT!

Until March 2009..... I came across a very old savings account book which had £30 pounds in it, so I went in to see if I could start saving money in it for the kids. The kind lady at Nationwide pointed out that I also had another account at Nationwide.... One with a debit of £112. 'DID I?' I asked, oh yes she says' but when she looked at it, she herself even said, hang on a minute.....

In May 2007 the account sat at credit of £12.43... the last of my refund I couldnt get. And Nationwide had stuck a penalty charge onto the account the month after THEY'd closed it, for a transfer I'd try to do whilst the account was in credit... just made a mistake on the amount as it takes them so flippin long! and I was keen to get my refund out FAST in case they took it back, as they'd paid it into my/their account....

Anyway,

As they'd closed the account without notice... I left as that, and in the meantime I moved, and moved again, so Nationwide had sent statements to my old address in 2007... As they'd been sent back 'No Longer at This Address' the account was placed on hold with the collections department.
Obviously I knew nothing of this as I'd moved.

Until I go in about this other account. Stupid me changes the address on the account that has £30 in, you know the one I'd forgotten about! And low and behold within a week I get a statement from nationwide saying I OWE THEM £112...... So I write and complain!
Then I get another letter from them stating that the charges have now gone up to £452.... an extra £300 odd for telling them where I now live!!!!

I've written, I've phoned.... and I've just had a HUGE arguement on the phone with the complaints department, who said collections have worked out a repayment scheme, Because apparently it was my legal error for not telling them I'd moved!
He states that Nationwide are now looking to take ME to court to reclaim this money, THEIR charges... I've told them to get stuffed and I'm not paying, to which he said that the Law has now changed and THEY CAN reclaim these charges as they are not unlawful.

Believe it or not I am actually quite worried now.... It's taken me years to get back on my feet and I finally have a house of my own after divorce. I really don't want to be back in a position of fighting with a bank, or having a default against my name.:mad: I work long shifts, with little extra for playing, and I really dont have an extra £452 to pay Nationwide!

CAN THEY REALLY TAKE ME TO COURT?

natweststaffmember

Marvellous, you do know that you are in the right don't you? First things first. Time for a SAR with them. Furthermore make sure you get them to remove any telephone numbers that they have for you. You don't want them ringing you. If need to change it, then change it to their own automated 0845 number.
Next, once they have produced the SAR send a letter to them reclaiming the charges.
IF and I mean IF they try and take you to court then I think you can get the case stayed.

THEY ARE TALKING BS WITH REGARDS TO THE OFT TEST CASE BEING CONCLUDED, however, the charges are not Penalties in Law. Next time tell them that they are UNFAIR under the Unfair Terms In Consumer Contracts Regulations 1999 and they can take you to court.

noocar43

Thank you Thank you.... At last a reply from someone!

Firstly, wot the hell is an SAR?

Secondly, I was quite proud of myself as I sounded very convincing tonight on the phone when I strongly told the chap that they couldnt take me to court as these charges were Unlawful .... He then spouted off about the fact that they were and that these laws were made for a reason, like if you got caught speeding and had to pay the fine from the police... I pointed out that my line of work gave an insight to police and legalities of speeding fines! and that this had nothing to do with bank charges! I also questioned that Nationwide, as big a company as they are... would not hesitate in taking (little) me to court for these charges IF, IF they felt they had a legitimate claim, I also pointed out that IF they felt this way then this would not have been going on since 2007!!!!! and they would have taken me to court alot sooner... what company, I asked, would wait nearly 2 years to get their money back?

I have written 3 very lengthy letters to them complaining and reminding them of my first WIN! and that I would not hesitate in taking them to court again, reminding them that they would have to pay any of my court costs as before.....

However when he said that I was at fault for not notifying them of my address change it made me think..... NOT that I let the jumped up swine know that!!!!:T

I take on board your comments re changing numbers! pherhaps I should give an address of their HQ as well!!!!.
Honestly, since they have got my new details I have been bombarded with letters and phonecalls.... This afternoon I deleted 18 from my answer phone from yesterday alone! and thats just my mobile. We sat staring at caller ID on at least 4 rings last evening/night as we knew it was them!!!

I'm not scared, just worried that he may have been correct on the address change and also frustrated at not being heard. I must have been one of the lucky first run who got my charges back, as they bowed down and payed up very very quickly in 2007! £4.5k I claimed back in total.... minus of course the £173 they kept for themselves... that must have made them feel BIG:silenced:

di3004

Hi there

Not sure if there are other templates for SAR's flying about the forums, but this one here below is one used on the reclaiming thread:
http://forums.moneysavingexpert.com/showthread.html?t=1475553

Delete what you don't actually need on the letter, but there is a charge of £10 postal order or cheque payment for this, they have 40 days to comply, and post by recorded delivery.

Oh the longer term of SAR is "Subject Access request".;)

natweststaffmember

SAR== Subject Access Request.
The address you need cos how you gonna claim the charges back if you give Nationwide HQ as the address. Remember, the debt still exists. However, if they lose the OFT test case then all charges will be repaid. I would possibly have added that you wanted the account shut.

di3004

natweststaffmember wrote: »

SAR== Subject Access Request.
The address you need cos how you gonna claim the charges back if you give Nationwide HQ as the address. Remember, the debt still exists. However, if they lose the OFT test case then all charges will be repaid. I would possibly have added that you wanted the account shut.

Hi there.;)

Sorry more or less posted the same time as you, and interupting the thread......:o;)

noocar43

AHHHH! ok I got it! Blond moment with the SAR!
I've got all the copies I requested from the last claim back! AND the very kind member of staff that thought these charges were unfair kindly printed me out all the statements I hadnt received as they were sending them to my old address, ON NATIONWIDE PAPER. Since then I have made copies of all the letters I have sent and kept a diary log of all phone calls, incoming or outgoing.
I also told the chap tonight that I found the 18 phonecalls in 1 day harrassing and asked for that to be logged.

I may just pay the tenner for the extra info..... but can I really insist they remove my number?

Who do I ask/tell? Customer services? And what happens if they dont remove it?.... I have sought advice at work, but everyone puts their hands up saying it's a civil matter and not a legal one!!! I kinda knew that anyway, but you never know if some bright spark comes up with something. I cant even DO them for harrassment, as its an automated line.... and it's never been the same person that calls me when it has been a personal call!

natweststaffmember

Write to them and tell them that your new phone number is(and give them the new number).
It's a civil matter with regards to bank charges. You need to send them a letter with regards to sending everything in writing(keep a log of phone calls as well)

jon_boy75

let's hope they do take you to court...then you can hammer them and the judge will admonish them for being pathetic.

noocar43

I've sent letters and the sar, and have still been bombarded with calls each day and night. I'm ignoring all calls now as i've had a letter from them.... yes THEM!

They have totally twisted my phone conversations, and have written a lovely 2 page letter that basically states 'If you choose not to repay the outstanding balance it is with regret that we will record a dafault against you which shall remain for the next 6 years and may affect your ability to obtain credit. We will also pass this debt to KPR who are a registered DEBT COLECTION AGENCY and this may result in further costs to you'

Bring it on I say........

Still not received details of request from SAR so have now sent second letter....
Until then I guess I'll just have to unplug the phone and wait for the door bell to ring from the 'Bully Boy's'

Nationwide are still claiming that it was my legal obligation to inform them of change of address and that the account sat in arrears and could therefore not be 'closed.... please find enclosed copies of statements!
mmmmm... Oh yes... it shows a credit balance of £12.43 at the time of when THEY withdrew my card and account facilities!

I'm fuming....

What pray shall I do if the Debt Collectors Turn Up?????
Why dont they just take little old me to court?
Surely they feel it's valid from what they have said in their letter?

Question: can a I file the courts to get them to credit monies that they owe themselves? Would the courts be interested? I'm not asking NW to give me money, I just want these stupid charges removed and the account closed! Oh and any default removed!

natweststaffmember

Let's get the bank to deal with letter writing only:

"Company Name & Address

Re: Harassment by telephone


ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don't yet have recording equipment!!**)


Yours faithfully,


Your Name"

Send the letter recorded delivery and once delivered keep a log of all phone calls. Furthermore, add up all the charges and interest levied against you and send the first letter to the bank asking for them to refunded.
furthermore: http://209.85.229.132/search?q=cache:iYmYNDx9OOUJ:oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf+debt+collection+guidelines&cd=1&hl=en&ct=clnk&gl=uk
That is the HTML version of the OFT Debt collection guidelines, perhaps point 2.8 (i) and (k) might be appropriate