Tristar v Nationwide (here we go!!) ***SETTLED***

[tristar]

This was on another site, I've had to edit it to get it on here, but I've kept the most valid points in.

tristar 11th April 2007 10:54

Here we go !!

Pre lim letter sent today, claiming £4193 from Nationwide, as inspired by Lori1 Bit apprehensive, but excited as well. Will keep those interested posted via this thread.;-)

Tristar

ireatianu 11th April 2007 12:18

Re: Here we go !!

Does the 14 days start from when they receive the letter or from when I sent it (registered) ?

PPMAN159 11th April 2007 12:48

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Re: Here we go !!

From the day that they received it

lori1 11th April 2007 14:05

Re: Here we go !!

Hi, eveyone, just a quick update. Today I received the standard "not going to refund" letter. Speedy reply from Nationwide, (just after 3 days from receiving my registered letter and schedule) In the FAQ it states I should wait 14 days before going to LBA stage, but as they have already said "sod off", Can I go with the LBA straight away? today.
(14 working days up on 02 May)?

Any advise more than welcome, cheers

PPMAN159 19th April 2007 13:43

Re: Here we go !!

Hi PPMAN159,

Sent the standard prelim letter with schedule on the 11th Apr. The reply was along the lines of "sorry we have not met your expectations etc....", "thankful for the feedback from valued cutomers", Why charges are incurred etc... but " After careful consideration of your request, we're sorry that we can't agree to your charges being refunded". They go on to explain they would only consider in exceptional circumstances and on this occassion it would be unfair to other members who find themselves in a similar situation and whose charges still remain.

I thought this was the stock reply??

Your thoughts>>>

PPMAN159 19th April 2007 14:16

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Re: Here we go !!

And they probably said that if you cannot abide by these terms and conditions going forwards then we suggest that you fidn alternative banking arranagments!

I got a similar letter in January.

Suggest you go to Money Claim On Line and get back what is rightfully yours.

This link may help you

Her Majesty's Courts Service - Home

inthedark 19th April 2007 14:18

Here we go !!

hi tristar..........no you must send the LBA this is the same letter i got, just a standard reply, wait your 14 days and then send the next letter, it is advised that you stick to the timescales as set out by cag, best of luck.x

tristar 19th April 2007 15:10

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Re: Here we go !!

OK, so I'll get prepared and ensure I send the LBA on the 02 May. Still wondering why I have to wait till then if they have already said no way, but if thats the way to go and has a proven record then so be it, I don't want to give them any excuse to get out of this, just eager to take them on.

Thanks one and all (especially lori1 !!)

PPMAN159 19th April 2007 15:13

Here we go !!

i understand tristar i can only advise as i too asked the same question and this is what i was advised, i too thought as they had replied that i should just go ahead, and you know it probably wouldn't make any difference, i am only offering the advice that i was given, and as you said you do not want to give them any excuse for not paying out your claim, it is only a few more days and think of the interest!! and this method has been tried and tested. x

PPMAN159 19th April 2007 15:31

Ok gang, LBA sent recorded today. stay tuned !!

lori1 20th April 2007 16:39

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Re: Here we go !!

lol, well done tristar!!14 day countdown then off to court you go!!

tristar 21st April 2007 09:31

-Re: Here we go !!

Hi Lori1, my saviour !!!

Yes, Parachute account up and running all D/D, Standing Orders, Bill payments etc tetc... all out of reach of Nationwide. Plan was get the charges back, repay the overdraft so I won't even owe them a favour !!
Trouble is the timing, they want the o/draft back now, I haven't got the dosh from them to pay it !

Should I write back to the collections dept direct and give a full explanation, or keep it short and sweet? Is there a template?

xx

lori1 23rd April 2007 11:35

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Re: Here we go !!

Hi all, just an update. Received the second "no chance" letter today. I will start checking the FAQ and preparing for the 11th (next Friday). Lori pls stay close it's getting scary now! I also sent a message via internet banking asking why I could no longer view my flexaccount on line? Still waiting for an answer.

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Re: Here we go !!

Times up !! will be filing MCOL today

tristar 12th May 2007 13:22

Re: Here we go !!

MCOL submitted today. Total amount with 8% and a £250 court fee is £5343.20. With regards to the sending the schedule of charges to the court? Do I check mcol site to see which court it has been submitted to (just showing as requested at the moment), or do I do it now and send it to Northampton ?

tristar 17th May 2007 16:01

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Re: Here we go !!

MCOL shows as issued on 17 May 07. So is the clock ticking on "working" days (14) or (28) (7th June or 27th June) or total days (taking it to 31st May or 14th June). Does that make sense? Re the above, do I fire off the letter and schedule to Northampton?

Help, I'm getting nervous now.:-| :-|

PPMAN159 17th May 2007 16:05

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Re: Here we go !!

Calendar days so the 14 are up on 1st June.

Send charges schedule to both Northampton and Nationwide, just to be on the safe side

tristar 17th May 2007 16:11

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Re: Here we go !!

RE sending them again to N/W, is their a template letter to accompany the schedule which refers to the actual claim that has been lodged. i.e I refer to claim No **** please find enclosed etc...... ????

tristar 18th May 2007 11:20

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Re: Here we go !!

Quote:

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Originally Posted by tristar (Post 832365)
RE sending them again to N/W, is their a template letter to accompany the schedule which refers to the actual claim that has been lodged. i.e I refer to claim No **** please find enclosed etc...... ????
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Re: Here we go !!

Hi Tristar, I filed with MCOL on the 2nd, was advised to use the following template:

<Your address>
<Your mobile phone, if any>
<Your e-mail, if any>

<Today's date>

<Recipient name and address>

Dear Sir/Madam

Claim Number: ??????????
<Yourself> v <The bank>

Please find the enclosed 'schedule of claim for charges' for this case.

Yours faithfully

<signature>

<Your full name>

Hope this is of help

tiatia 20th May 2007 15:28

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Re: Here we go !!

Hi tristar, sorry i haven't been around much (lots of exams coming up!!), but i'm back and if you need anything give me a shout and if i can help i will although i have to say you seem to be doing just fine, best of luck xx

tristar 23rd May 2007 11:03

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Hooray, your back !!! that makes me feel better. Good luck with the exams,(long..... long.... time ago when I did mine) perhaps I should have studied "money management"

Speak Soon.

tristar 29th May 2007 10:22

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Re: Here we go !!

Hi Guys, well here's an update. I have received "notice of acknowledgement" from Northampton dated 22 May. stating that they are to defend all of the claim. Now what do I do ??

I also have received a letter dated 22 May from a DCA called "K.P.R Debt Collection" regarding the collection of my overdraft with N/W. It contains the usual stuff about court proceedings and getting a CCJ. Are they allowed to pass this onto a DCA if the account is "in dispute"??

Please advise on best course of action re KPI, should I phone or write to them explaining the "Disputed account" or just hang on and repay it when / if I get the settlement??

The timing is all important here, am I right in thinking they have to 19th June (28 days from 22 may) ?? I'm getting stressed now !! and not feeling to confident about the whole thing.

chunky1977 29th May 2007 11:20

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Re: Here we go !!

Hi Tristar,

With regards the 28 days this from the date that the order is deemed served by the court.
I sent my MCOL on 15th May, they acknowledged 17th May but was not deemed served till 20th May therefore I have to wait till 17th June.

With regards the DCA write back to NW and let them know it is in dispute. DO NOT under any circumstances write to the DCA as this will be classed as acknowledging the debt and you will be liable for it. I've made that mistake in the past and am now fighting to claim monies back.

[lori]

Hi tristar welcome aboard good to see you x.you have to enable private messages in your user cp i tried to send you one and it failed, good to have you here and if you need help remember just to shout hope to catch you soon xx

[tristar]

Hi all,

Thanks for all the welcome messages. Re my claim against Nationwide. The MCOL is in, deemed served on 22 May. I have received the acknowledgement. What do I do now? and what should I be getting prepared for ??

I have also received a letter from a company (DCA) called KPR, who by all accounts are part of the Nationwide and are threatening legal action to recover the outstanding O/D balance, which since I started the action seems to have increased by about £300.00

I had written to the N/W on the 26th April 07 explaining the account is now in dispute and enclosed a copy of Data protection act s10, but they seem to be adding costs and interest and are now using a DCA

I will write to them this AM, any templates or suggested content would be gratefully received. They (KPR) have tried calling me at home, but I explained that I would only deal with the matter in writing and with the N/W, they promptly hung up on me whilst I was in mid sentence

So all in all, good to be here, and any advice gratefully received.



Request for refund sent 11/04
LBA sent 20/04
MCOL Submitted 16/05
Claim Acknowledge 22/5

[tristar]

Hi all,

Thanks for all the welcome messages. Re my claim against Nationwide. The MCOL is in, deemed served on 22 May. I have received the acknowledgement. What do I do now? and what should I be getting prepared for ??

I have also received a letter from a company (DCA) called KPR, who by all accounts are part of the Nationwide and are threatening legal action to recover the outstanding O/D balance, which since I started the action seems to have increased by about £300.00

I had written to the N/W on the 26th April 07 explaining the account is now in dispute and enclosed a copy of Data protection act s10, but they seem to be adding costs and interest and are now using a DCA

I will write to them this AM, any templates or suggested content would be gratefully received. They (KPR) have tried calling me at home, but I explained that I would only deal with the matter in writing and with the N/W, they promptly hung up on me whilst I was in mid sentence

So all in all, good to be here, and any advice gratefully received.



Request for refund sent 11/04
LBA sent 20/04
MCOL Submitted 16/05
Claim Acknowledge 22/5

Would like to act today, so if anyone has any comments, please reply. Ta

[Amethyst]

Hiya Tri xxx

Once you receive the acknowledgement its just a matter of waiting until the defence is filed - usually 28 days after papers were served on the defendant. Theres nothing you can really do until this happens.


I'll grab the account in dispute letter link for you. two secs.


Ame
xx

[Amethyst]

Hi Tri

Not much you can do with the claim until you receive the defence, usually 28 days after service of papers on the defendant - so probably a couple weeks.

How ever them acknwlegding the claim does help your account in dispute claim.

I'll go grab a link to a good letter you can amend to send to the DCA to get them off your back, at least until the claims settled.

Two mins

Ame
xx

[Amethyst]

http://www.legal-beagles.co.uk/forum...te-letter.html

have a play with this one Tri....if you're not sure about anything just ask, and feel free to paste up a copy of the amended letter if you'd like us to have a look over it.

[tristar]

Thanks Ame,

Have made a few minor changes, but it does the job and then some, Many thanks for your assistance. will update when the response comes back.

[Amethyst]

wicked good luck xxx

[tristar]

I have received yet another letter from KPR, this time offering me a discount on repayment of the disputed overdraft. This despite my letter to N/W explaining (yet again) the account is in dispute. I received a call at home today requesting I phone KPR to discuss it (again despite my insistance that everything be in writing).

I have also received the standard " we don't refund or repay charges" (that's x3) letter from N/W, which does not address one single question posed in my last letter.

Do I call KPR ?? Do I sent yet another letter to N/W re the dispute??

The MCOL was acknowledged on 22/05, could someone confirm when the 28 days is up please. (Working days or not??)

Any and all advise welcome.

[Scarlet]

Hiya.

Ive done a number of claims against Nationwide.

Not all mine - BTW - Just helping out family and friends etc etc.

Anyway, you are at the stage now where they usually settle. YEAY!

Check your account if it is still a live one as they have a knack of depositing the money straight there. Usually without telling you. The first you may hear of it is in their defence from the court stating that they have paid out.

In my case I had the Cheque the day before my Court Hearing - I still went to court though to get the Default and CCJ removed - they didnt show up and I won that as well!!

Yeah - good times!!

Seems so long ago now though!

Hope your follows Suit!

[Turboman]

Is a Prelim essential

Hi

I see in Tristar's post he sent a 14 day preliminary-I'm from PCF -- where all my cases have been done with a DPA & 14 day LBA--is the prelim absolutely neccessary?

Turbo

[tristar]

Whats "PCF" and what is "DPA"?

[Turboman]

Abbreviations

Penalty Charges Forum

Data Protection Access (letter)

Turbo

[tristar]

I've won

YEP NAILED ON

Received a letter from N/W this a.m

Refunded 4193 in charges
Plus 250 costs Plus 900.23 in interest.

TOTAL REFUNDED GBP 5343.20

Special thank you to Lori who inspired me to start all this and thanks to all those who have offered advise and encouragement along the way. (Sounds like an awards show)

Any Hoo, I feel absolutley fantastic and will enjoy a couple of beers once I am able to check my account balance to ensure it is actually in there