Nationwide (merged)

ozzymodo

Hi I too am trying to claim of Nationwide (since Dec06) and their date to file a defence was up on the 28th May. They did so at the 11th hour and now I have received letter from court saying that the solicitor from Nationwide have stated the following reason for the defence
1 The defendant admits that the claimant holds acurrent account with the defendant
2 Any charges debited to the claimants accounthave been debited in accordance with the contract made between the two in relation to the account
3 The claimant has been regularly advised of the amounts that would be debited to his account in respect of unauthorised overdrafts, transactions, unpaid due to isufficient funds and card misuse
4 The defendant therefore denies that the claimant is entitled to repayment of the charges, as claimed or at all.

Is this the standard defence reply ????
Sent in by Eversheds on behalf of Nationwide.
The contract was signed because it had to be whether I agreed or not because it is the only way you can open an account, as with all the banks.
And the only time I went overdrawn was when they charged me for debits and unorth odrafts. And as for card misuse I could not use it to withdraw cash that was not in my account nor could I use it for online shopping or paying over the fone or at the shops as it was just a basic bank card.
I have now got to fill in the Allocation Questionaire, has anyone filled one in yet or can anyone help on what to put please. (suffering from depression after working for 30yrs and then being made redundant and not able to get a job yet isnt helping my brain to think straight) And no big redun payout as I had not been at the last firm that long.
Any help would be much appreciated
Thanks in advance Ian

crazyworld_2

ozzymodo wrote: »

2 Any charges debited to the claimants accounthave been debited in accordance with the contract made between the two in relation to the account

Hi Ian I have a copy of one of their leaflets which states "From 1st June 2004, we are increasing the fees for using FlexAccount outside its terms and conditions", and goes on to say "We aim to keep our charges as low as possible to maximise the value we provide to members. However, to ensure that we are able to continue to offer an excellent range of benefits and competitive interest rates, we must from time to time review the fees that apply to our accounts"

In the above, not only have they stated that their penalty charges are incurred due to a breach of contract, they've also admitted that the charges do not purely cover their costs as the law states they should.

If you'd like scans of the above leaflet, please PM me with your email address and i'll send them to you.

Additionally, just an update on my own situation,

5th April 2007 - Sent Data Protection Act request
21st May 2007 - Received statement of charges
22nd May 2007 - First letter sent off requesting charges
5th June 2007 - Received standard get lost letter
5th June 2007 - second letter already prepared sent off advising I intend to take to court if no satisfactory response to request for repayment within 14 days.



today I sent the following message to Nationwide:

13th June 2007

cc Financial Ombudsman
cc Mr Crazyworld

Re account number ******************
Sort Code **************

Account holder Mr Crazyworld

Dear sir or madam,

I wish to inform yourselves that today I have contacted the Financial Ombudsman in relation to unlawful penalty charges debited from the above account by the Nationwide Building Society, you should shortly be hearing from them in relation to my claim.

I have attempted to inform you of my own concerns regarding these charges being in breach of the Unfair Terms in Consumer Contracts Regulations Act 1999 in a courteous manner. The Nationwide has not however taken my concerns seriously, and sent out template computer generated responses which do not relate to individual circumstances.

Since writing a letter before action to yourselves on the 5th June I have discovered that the Nationwide has on previous occasions acknowledged that its charges are excessive through both statements made by its chief executive, and via its own leaflets. I have also discovered since that letter that the Nationwide, along with other financial institutions are conducting themselves in a scandalous manner by forcing claimants into the courts, entering a defence, and then settling claims before the judgement.

It is for the above reasons that I decided to pursue this matter through the financial ombudsman.

As this account is now in dispute I wish to advise you that you may not in any instance debit my account with any more charges. I would strongly advise you to adhere to this instruction.

Of course, this matter not only could have been, but also can still be concluded in a satisfactory and reasonable manner by repaying the outstanding arrears due to the account holder as soon as possible.

If the Nationwide are not willing to be reasonable and responsible in this matter on issues relating to the law, then I am willing to pursue this matter through to its conclusion, which could very possibly lead to the Nationwide having to disclose the true costs of processing returned cheques, direct debits, etc..

Yours Faithfully,

Mr Crazyworld


Best wishes all in your own fights!

SLIDERATLARGE

swindonfan wrote: »

success

claimed £870.00 plus interest £75.00 received £870.00 plus £120.00 interest.

had to send a summary cause summons (scotland) and they finally paid up 3 days before due to go to court. account still open.

how did you do this?
nationwides 14 days are up with no reply, next step is court action.any advice?

emma05

Hi all,
Sent out the letter saying preparing to go to court after recieving the same old letter, saying that in their contract when I opened the bank account I agreed with their terms and conditions! Anyway, not waiting process of 14 days, (7days already up) not heard anything as of yet and have a feeling this is gonna be a tough road! Anyone out their, who have claimed their bank charges back from NATIONWIDE ? Would be great to hear from you, and also what process did it get too, until they paid up ? Any cases were they didnt pay up ?:O( Slightly worried about the whole court process !

Cheers and thanks,
Em

orange*juice_4

hi Em,
Started my claim back in March and I'm now in the 28 day period with MCOL along with many many others - Nationwide seem to be paying up at the 11th hour - but I haven't read anywhere YET of any Nationwide cases where they didn't pay up in or out of court. Good luck, the prep for court and the whole attending is daunting for me too, but we can't let them get away with our DOSH. Lat us know how you get on.
Also read the success stories, Nationwide appear in there to boost your confidence!!!

swindonfan

hi, use the templates available on this site. i sent nationwide £10 and they sent me statements for the last 6 years (very good of them as in scotland you can only claim for 5 years), i wrote asking for the amount of charges plus interest to be repaid and received a no response. i phoned them (head office in swindon) and they seemed to say that all queries need to be taken to the court stage but they tend to pay up just before the court return date or calling date. it also helps that the nationwide boss agreed that bank charges are wrong! hope this helps

johnnynonails

hi all hope sum 1 can help me wiv this i asked for £635 back of my credit card charges, i got a offer of £115 sent the letter back saying i will accept this as part payment and going to do mcol for the rest 2day i got a letter same one as before saying i have to sign this letter saying it will be the only offer they are willing to give me but ive already signed it saying i will accept as part payment so does this look like they not going to put £115 into my credit card account and i,ll have to start court proceedings cheers jill

Nick74_2

Hi Guys,
I'm still waiting to receive my statements, they have until the end of the week before the 40 days are up!!
Anyone else have to wait this long?
Have called them, quite helpful, they said they have no backlog & should get them in next few days.
Just taking soooooo long!!!!

aliportico

I've just got my list of charges back today from NW - sent the letter on 1st May, but I didn't send it recorded delivery and they didn't cash the cheque until 15th May, so I was going to leave it until 40 days from then. So yeah, it took a while. Although the last item on the list is 6th May (interest) and it didn't have 6th June's interest on it, so they clearly did it a while ago!

My question is - I had a returned DD on 15th May and the charge for it hasn't been applied to my account yet. All the charges seem to go out on the 6th on each month, so I'm assuming it missed the cut-off for last month and will be applied on 6th July. Shall I wait until then so I can add that £30 to my claim? Or say something about it in the letter? Or just leave it and claim again later?

Thanks,
Alison

AndyLGR

A question for those that have got their money back from Nationwide, do they normally pay out within the 28 days - towards the end of the 2nd 14 days when they have to enter a defence?