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Nationwide (merged)

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  • Hi guys, I wonder if you can help me? I was at one of the last stages where I had written off to Nationwide saying that I was unsatisfied with there response (there was none) and I would be taking them to court within the 14 days if i didn't receive anything from the letter.

    Anyways, day 14 had come, and on day 16 I heard that everything had been frozen on the news! What do I do now? they haven't offered me any sum of money yet, so I don't have anything to bargain with! Im applying for the full amount plus interest totals £4812.19.

    Please Help me, Im totally lost

    Nikki
  • GadgetsDS
    GadgetsDS Posts: 130 Forumite
    just send in the court letter then, u will be but on stay but its the finally step
  • Nikki0204 wrote: »
    Hi guys, I wonder if you can help me? I was at one of the last stages where I had written off to Nationwide saying that I was unsatisfiyed with there response (there was none) and I would be taking them to court within the 14 days if i didn't recieve anything from the letter.

    Anyways, day 14 had come, and on day 16 I heard that everything had been frozen on the news! What do I do now? they haven't offered me any sum of money yet, so I dont have anything to bargain with! Im applying for the full amount plus interest totals £4812.19.

    Please Help me, Im totally lost:confused:

    Nikki


    Hi Nikki

    You could file with MCOL now and pay about £120 to issue court proceedings but to be honest, you will probably find that the court will grant a stay to the bank and then you'll be £120 worse off than you are now. Your call of course, but it seems like you might be waiting now until the outcome of the test case. Sorry, I know how disheartening this whole process is.
  • chelseablue
    chelseablue Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sorry if this has been asked before.

    My boyfriend is in the process of claiming back charges from Nationwide.

    He has not started court procedings, just sent letters asking to be refunded.

    He has received a letter saying:

    "since we last wrote to you we have now become involved in legal procedeings with the office of fair trading" As we all know!!

    continues to say "we have registered and stored your complaint. Once legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible." and

    "if you chose to issue a claim in the county courts Nationwide will apply to the court for an order to stay your action".

    So my question is as they have registered his compliant should he not now start the court action? or does he need to continue to do this??

    Thanks!
  • If you start down the court route then you will have to pay and it will probably just get stayed, so you'll be out of pocket even more than you are now - either way your claim will be heard after the test case, and the outcome would be the same for you whatever you do now. However...not all courts are issuing stays, so I guess you could be lucky.
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    The outcome will not be exactly the same as the 6 years start from when you put your claim in. So if any of your charges are near the 6-year cut-off mark, then you must file a claim NOW otherwise you will get time-barred on the early charges.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • chelseablue
    chelseablue Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Beate wrote: »
    The outcome will not be exactly the same as the 6 years start from when you put your claim in. So if any of your charges are near the 6-year cut-off mark, then you must file a claim NOW otherwise you will get time-barred on the early charges.

    Thanks, the earliest charge was on 20 March 2002.

    Should we still start court proceedings even though they have registered the complaint?

    Sorry for sounding dumb but we have no experience of the court system!
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    Well yes, I said that already. This is an excerpt from Martin's emergency guide which really everyone should read:

    Q: Can I / should I start reclaiming now?
    A: You can only reclaim the last six years worth of charges due to what’s called the ‘statute of limitations’; and technically the date this starts is when you submit a claim to court (though in this unprecedented situation it's possible things will change).
    Therefore, if your charges are more than five years old, it's crucial to send in your claim to your bank immediately. If you have a large number of charges that are between five and six years old, you may also want to be very safe and put in a claim to the small claims court immediately. Full details on claiming are in the main Bank Charges Reclaiming article.
    If your charges are within the last few years, you could safely wait until the test case has ended. However as a general rule, the sooner you can get your claim in the better. Claims sent to the bank now will be recorded and dealt with as quickly as possible once the test case has been concluded.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • I have done the first n second letter to the Nationwide, they replied but their answer was negative, the amount is just £90 (for less than 24 hours overdrawn!) is it worth me carrying on, if I do and won would I get back the court fees too? Cheers!
  • loulew
    loulew Posts: 5 Forumite
    carry on it is your money!!! If you win you get your costs back! Good luck
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