Taking Nationwide to Court

jessethome

Hello all,

Hope this is in the right section...

I had been advised to take Nationwide to court. So have taken out a small claim against them for £440.

It's due to a missing international payment that was sent to them via merchant way back in februry. The merchant provided the EBA and even provided the IBAN from which Nationwide/HSB CHAPS team attempted to refund the payment back to the merchant. It was rejected by the merchant as they were an online bank called BUNQ. I closed my account with them so they refunded the money back to the IBAN that Nationwide had attempted the refund from.

Bunq provided me a full case file proving everything via the dutch banking regulator.

Nationwide were awful, unhelpful, seeming clueless and after chasing them for months and going through their tokenistic 'complaints' procedure, I was told effectively 'CHAPS team can't find the money so it's tough'.

I have taken out a court claim and they have got solicitors trying to defend it.

Anyone been in a similair position and have advice?

I was advised away from financial ombudsman previously.

Thanks

electriccactus

Why were you advised away from the FOS?

Undervalued

jessethome said:

Hello all,

Hope this is in the right section...

I had been advised to take Nationwide to court. So have taken out a small claim against them for £440.

It's due to a missing international payment that was sent to them via merchant way back in februry. The merchant provided the EBA and even provided the IBAN from which Nationwide/HSB CHAPS team attempted to refund the payment back to the merchant. It was rejected by the merchant as they were an online bank called BUNQ. I closed my account with them so they refunded the money back to the IBAN that Nationwide had attempted the refund from.

Bunq provided me a full case file proving everything via the dutch banking regulator.

Nationwide were awful, unhelpful, seeming clueless and after chasing them for months and going through their tokenistic 'complaints' procedure, I was told effectively 'CHAPS team can't find the money so it's tough'.

I have taken out a court claim and they have got solicitors trying to defend it.

Anyone been in a similair position and have advice?

I was advised away from financial ombudsman previously.

Thanks

Why?

It is my understanding that a consumer can go the the FOS service effectively risk free. Although their decision is binding on the bank it is not binding on the consumer who can still go to court if the disagree with the FOS's ruling.

jessethome

I was advised due to the length of time they take.

I was speaking with my solicitor who handled a porperty for me and he said just go straight to small claims .

eskbanker

jessethome said:

I had been advised to take Nationwide to court.

[...]

I was advised away from financial ombudsman previously.

Who is advising you, someone professional or friends, etc?

Edit: cross-posted, I see - has your conveyancing solicitor offered formal advice or just a passing comment without sight of all relevant facts, etc?

jessethome

eskbanker said:

jessethome said:

I had been advised to take Nationwide to court.

[...]

I was advised away from financial ombudsman previously.

Who is advising you, someone professional or friends, etc?

Edit: cross-posted, I see - has your conveyancing solicitor offered formal advice or just a passing comment without sight of all relevant facts, etc?

No prob.

He's seen everything. He said in his experience and opinion, it would be quicker to simply do the small claims if I could spare the £50.

powerful_Rogue

What is Nationwides defence?

Did you follow the proper process of sending a Letter Before Action prior to starting the claim?

Hoenir

Don't HSBC handle Nationwide's foreign payments though. You may well be barking up the wrong tree. 

jessethome

powerful_Rogue said:

What is Nationwides defence?

Did you follow the proper process of sending a Letter Before Action prior to starting the claim?

Yes. I went through their complaints process. I set out the remedy in a letter.

They state they cannot trace it. They made no comment on the EBA. They would not comment on the IBAN the merchant provider that they tried to refund the money from. The final statement from their complaints team was to chase further with the merchant. Despite me providing them with dutch regulator file. They were simply fobbing me off.

electriccactus

jessethome said:

powerful_Rogue said:

What is Nationwides defence?

Did you follow the proper process of sending a Letter Before Action prior to starting the claim?

Yes. I went through their complaints process. I set out the remedy in a letter.

They state they cannot trace it. They made no comment on the EBA. They would not comment on the IBAN the merchant provider that they tried to refund the money from. The final statement from their complaints team was to chase further with the merchant. Despite me providing them with dutch regulator file. They were simply fobbing me off.

I think they may be right (even though they are also fobbing you off.)

It is the responsibility of the retailer to get your money to you. If it goes missing, it is up to them to chase this. If the trail goes cold, it would be on them whether they wish to take action against their agent (their bank) or not but they are still responsible for getting the money to you.

I suspect that Nationwide's defence is simply going to be that you're suing the wrong entity.

I'd also note this article

https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/small-claims-taking-more-than-a-year-to-reach-trial

I suspect the FOS would be much quicker than that to be honest.

jessethome

electriccactus said:

jessethome said:

powerful_Rogue said:

What is Nationwides defence?

Did you follow the proper process of sending a Letter Before Action prior to starting the claim?

Yes. I went through their complaints process. I set out the remedy in a letter.

They state they cannot trace it. They made no comment on the EBA. They would not comment on the IBAN the merchant provider that they tried to refund the money from. The final statement from their complaints team was to chase further with the merchant. Despite me providing them with dutch regulator file. They were simply fobbing me off.

I think they may be right (even though they are also fobbing you off.)

It is the responsibility of the retailer to get your money to you. If it goes missing, it is up to them to chase this. If the trail goes cold, it would be on them whether they wish to take action against their agent (their bank) or not but they are still responsible for getting the money to you.

I suspect that Nationwide's defence is simply going to be that you're suing the wrong entity.

I'd also note this article

https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/small-claims-taking-more-than-a-year-to-reach-trial

I suspect the FOS would be much quicker than that to be honest.

The Merchant has supplied proof the money was sent to Nationwide. They have also supplied proof that nationwide/HSBC received the money and then attempted to return it to the merchant via an IBAN that the merchant couldn't possibly know. The merchant provided proof this was not accepted. Showing that the funds are in the IBAN associated with nationwide/HSBC.

I don't know how this would fall on the merchant? The Dutch regulator also ruled in favour of the merchant, stating the funds are with the nationwide/hsbc IBAN.

?