Nationwide withdrawing overdraft - Page 3

Its WAR · 11th January 2010, 22:47

I have just checked the default notice for flaws.

1. It asks for the whole overdraft autolinker.com autolinking image

£1070.17 to be repaid in full
2. To be paid by 8 Oct 2009.
3. Notice dated 24 Sept 2009.
4. Original overdraft facility expired anyway on 25 Sept 2009.
5. I dont think they have terminated the account yet, just cancelled the overdraft facility.

The DN has not yet been registered.

How will this affect my bank charges autolinker.com autolinking image

claim? Assuming the appeal against the set aside autolinker.com autolinking image

fails and I actually get a hearing for the £500 in charges.

Will I need to amend the particulars to argue any unlawful recission of contract? Although the overdraft part of the contract would have expired the day after the DN was issued.

How will the flawed default notice affect the debt?

Is a flawed DN worth making a report to fos autolinker.com autolinking image

and thereby making Nationwide pay a £500 fine?

Its WAR · 12th January 2010, 15:26

Back to the Default Notice. Mine is dated wrong (only 14 days and no postage time) and asks for the whole balance or account to be repaid. A seperate termination letter has not been sent?

I am ready to send off the unlawfull rescinded contract letter.

Except:

One month before my default notice was received, I had a letter dated 29 Aug. saying my overdraft autolinker.com autolinking image

facility was being reviewed as I had exceeded the overdraft limit. The facility would therefore expire on 25th Sept. Then the flawed DN was issued on 24 Sept requesting the whole amount paid off.

Is it still safe to send the letter? Have they terminated the contract or just removed the overdraft facility?

Its WAR · 13th January 2010, 17:22

Is it safe to send the letter?

Its just that the overdraft autolinker.com autolinking image

facility appears to allow them to review it periodically.

I receive a letter 29 Aug 2009, headed Review of Your Overdraft Facility. It says they will no longer offer the facility and the overdraft expires on 25 Sept 2009 therefore I need to get the account back into credit.

A letter dated 11 Sept 2009, saying to bring the account within the facility or they may withdraw the facility and 2009 issue a default notice. (but hadnt they already withdrawn the facility 2 weeks earlier?)

A letter dated 24 Sept 2009 saying pay the overdraft off immediatley and enclosed is a Default Notice. The flawed DN dated 24 Sept 2009 asking for the whole balance to be paid by 8 oct 2009.

So, I am guessing the withdrawn overdraft could mean the arrears on the account is over £1000. But the DN dated the day earlier than the withdrawn facility deadline, asks for the wholse amount and not just the arrears.

Do I owe the arrears or the whole amount?

This is the letter: When should I send it?

Dear Sir/Madam

Re account no xxxxxxxxxxxxUnlawful Rescission.

With reference to the alleged debt to your company, I refer to your Default Notice dated xxxxxxxxxxx2009, posted second class and received by me on xxxxxxxxx 2009, and your subsequent actions confirming your previous written intentions to terminate the agreement. (they havent said they would terminate only wirthdraw the overdraft)

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to remedy the alleged default. Your actions have lead to you unlawfully rescinding the agreement.

I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and i would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

I look forward to hearing from you.

Yours faithfully

Its WAR · 15th January 2010, 23:30

Because nationwide got the judgement set aside autolinker.com autolinking image

, I have had to send in the allocation questionnaire autolinker.com autolinking image

by 16th. Dowes this mean Nationwide too would have had to send one in on the same deadline? If so, and they are late, can I ask the court to strike out their defence on Monday?

Its WAR · 22nd January 2010, 17:42

Nationwide have sent in their aq autolinker.com autolinking image

and have applied for my claim to be struck out. I have to phone the Court on Monday to find out if the judge has done so.

So, if the claim is struck out, can I re issue under the new particulars post Supreme Court?

or, Do I wait for Nationwide to seek full repayment of the overdraft autolinker.com autolinking image

and defend the faulty DN and unlawful rescission.

I suppose I need to defend or pre-empt Nationwide actually recording the default with the CRAs. I would think they could do that as soon as or if the claim is struck out.

Any ideas?

yourbank · 22nd January 2010, 19:10

Did you send in your aq autolinker.com autolinking image

?

what did you put on it ? The court should take both AQs into account.

do you have a copy of Nationwides aq autolinker.com autolinking image

? If so can you type up the main bits

You can ask for it not to be struck out and for permission to enter revised particulars of claim.

Its WAR · 22nd January 2010, 22:10

My aq

is sent in. I just filled out the usual bits. It seems if the judge does agree to strike out, I then get to appeal within 7 days. Its a shame I didnt get to appeal a potential strike out with a combined revised particulars when I sent back my aq autolinker.com autolinking image

. Anyway, my particulars did cover the area the supreme Court suggested. So we will see after the weekend.

Its WAR · 1st February 2010, 20:47

Court has now set a date for a hearing in April. The hearing is to decide whether or not to strike out my claim. Nationwides defence relies on the Supreme Court test case autolinker.com autolinking image

judgement, that the charges are allowed and therefore I have no case.

So, I guess the judge will decide there and then whether to strike out. If he does strike out, its game over. If he does not strike out, I guess he will list a new date to hear the case. Or, will he hear it straight away?

I guess I need an argument to win the strike out AND I must revise my particulars, any suggestions?

But the case is more complicated.

The account is an overdraft autolinker.com autolinking image

which the bank reviewed and decided not to renew. They also issued a flawed default notice. I have accepted the unlawful rescission, but they have not replied.

So, my claim is for a refund of £500 bank charges autolinker.com autolinking image

and leaving me with a £700 proper overdraft. But due to the unlawful rescission, maybe I dont owe them the £700 either but just the overlimit arrears.

Should I therefore include the unlawful rescission argument into my new particulars?

Also, is the hearing a small claim autolinker.com autolinking image

, or is not allocated? Costs issues might therefore be a real barrier if the hearing is not allocated.

Its WAR · 5th February 2010, 21:01

Just received a letter from Moorcroft demanding full payment or they will commence a legal action. Dont they know I have already issued one?

I still need an urgent answer. As I have accepted their unlawful rescission I only owe the arrears, should I still be seeking the return of the bank charges autolinker.com autolinking image

?

Rhia · 6th February 2010, 14:25

Yes I would use the argument re s140 of the CCA and s51 of the UTCCR. Take a look on this and other forums for advice. You will need to give individual examples of how their actions are unfair and have caused problems. Get a spreadsheet drawn up and add interest autolinker.com autolinking image

to each chyarge and send it to Moorcroft without delay. They may well back off when they see there are charges.
It will be quite a fight but keep batting back at them.

Its WAR · 19th February 2010, 00:38

I have offered them £600 to clear the £1200 overdraft autolinker.com autolinking image

. They have accepted the offer but will mark the credit file autolinker.com autolinking image

as partial settlement. I will not be accepting that condition. They have ignored the fact that the default notice was flawed and I could otherwise continue to the hearing set for April.

freethemice · 22nd February 2010, 13:12

subbing with interest.
I have my own battle to face with an Halifax overdraft autolinker.com autolinking image

and will start a new thread on this.

Its WAR · 23rd February 2010, 11:23

Nationwide returned my £600 cheque today. They would have accepted it in full and final autolinker.com autolinking image

payment of the £1200 overdraft autolinker.com autolinking image

, but insisted they would only mark the credit file autolinker.com autolinking image

as partly settled. I insisted the offer was made subject to the account marked fully satisfied (which it would be, if they made a goodwill payment first to equal the bank charges autolinker.com autolinking image

and interest).

Now, I will amend my claim autolinker.com autolinking image

that the account has no debt as they issued a flawed default notice. I just have to argue successfully as the account was an overdraft. If that part of the claim loses, then it will proceed to a standard bank charges autolinker.com autolinking image

reclaim, subject to the Govan Law Centres action.

11th January 2010, 22:47	#41 (permalink)
Its WAR Basic Account Holder Try our new digital signature service Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft I have just checked the default notice for flaws. 1. It asks for the whole overdraft £1070.17 to be repaid in full 2. To be paid by 8 Oct 2009. 3. Notice dated 24 Sept 2009. 4. Original overdraft facility expired anyway on 25 Sept 2009. 5. I dont think they have terminated the account yet, just cancelled the overdraft facility. The DN has not yet been registered. How will this affect my bank charges claim? Assuming the appeal against the set aside fails and I actually get a hearing for the £500 in charges. Will I need to amend the particulars to argue any unlawful recission of contract? Although the overdraft part of the contract would have expired the day after the DN was issued. How will the flawed default notice affect the debt? Is a flawed DN worth making a report to fos and thereby making Nationwide pay a £500 fine? __________________ Its WAR Last edited by Its WAR; 11th January 2010 at 23:25.

12th January 2010, 15:26	#42 (permalink)
Its WAR Basic Account Holder Free trial on our eBay auction sniper Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft Back to the Default Notice. Mine is dated wrong (only 14 days and no postage time) and asks for the whole balance or account to be repaid. A seperate termination letter has not been sent? I am ready to send off the unlawfull rescinded contract letter. Except: One month before my default notice was received, I had a letter dated 29 Aug. saying my overdraft facility was being reviewed as I had exceeded the overdraft limit. The facility would therefore expire on 25th Sept. Then the flawed DN was issued on 24 Sept requesting the whole amount paid off. Is it still safe to send the letter? Have they terminated the contract or just removed the overdraft facility?

13th January 2010, 17:22	#43 (permalink)
Its WAR Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft Is it safe to send the letter? Its just that the overdraft facility appears to allow them to review it periodically. I receive a letter 29 Aug 2009, headed Review of Your Overdraft Facility. It says they will no longer offer the facility and the overdraft expires on 25 Sept 2009 therefore I need to get the account back into credit. A letter dated 11 Sept 2009, saying to bring the account within the facility or they may withdraw the facility and 2009 issue a default notice. (but hadnt they already withdrawn the facility 2 weeks earlier?) A letter dated 24 Sept 2009 saying pay the overdraft off immediatley and enclosed is a Default Notice. The flawed DN dated 24 Sept 2009 asking for the whole balance to be paid by 8 oct 2009. So, I am guessing the withdrawn overdraft could mean the arrears on the account is over £1000. But the DN dated the day earlier than the withdrawn facility deadline, asks for the wholse amount and not just the arrears. Do I owe the arrears or the whole amount? This is the letter: When should I send it? Dear Sir/Madam Re account no xxxxxxxxxxxxUnlawful Rescission. With reference to the alleged debt to your company, I refer to your Default Notice dated xxxxxxxxxxx2009, posted second class and received by me on xxxxxxxxx 2009, and your subsequent actions confirming your previous written intentions to terminate the agreement. (they havent said they would terminate only wirthdraw the overdraft) Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to remedy the alleged default. Your actions have lead to you unlawfully rescinding the agreement. I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and i would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission I look forward to hearing from you. Yours faithfully Last edited by Its WAR; 13th January 2010 at 17:31.

15th January 2010, 23:30	#44 (permalink)
Its WAR Basic Account Holder Have we helped you? Please help us by making a donation Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft Because nationwide got the judgement set aside, I have had to send in the allocation questionnaire by 16th. Dowes this mean Nationwide too would have had to send one in on the same deadline? If so, and they are late, can I ask the court to strike out their defence on Monday?

22nd January 2010, 17:42	#45 (permalink)
Its WAR Basic Account Holder Protect your signature with SignGuard Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft Nationwide have sent in their aq and have applied for my claim to be struck out. I have to phone the Court on Monday to find out if the judge has done so. So, if the claim is struck out, can I re issue under the new particulars post Supreme Court? or, Do I wait for Nationwide to seek full repayment of the overdraft and defend the faulty DN and unlawful rescission. I suppose I need to defend or pre-empt Nationwide actually recording the default with the CRAs. I would think they could do that as soon as or if the claim is struck out. Any ideas?

22nd January 2010, 19:10	#46 (permalink)
yourbank Gold Account Holder Protect your signature with SignGuard Cagger since : Jun 2008 Posts: 4,491	Re: Nationwide withdrawing overdraft Did you send in your aq ? what did you put on it ? The court should take both AQs into account. do you have a copy of Nationwides aq ? If so can you type up the main bits You can ask for it not to be struck out and for permission to enter revised particulars of claim.

22nd January 2010, 22:10	#47 (permalink)
Its WAR Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft My aq is sent in. I just filled out the usual bits. It seems if the judge does agree to strike out, I then get to appeal within 7 days. Its a shame I didnt get to appeal a potential strike out with a combined revised particulars when I sent back my aq. Anyway, my particulars did cover the area the supreme Court suggested. So we will see after the weekend.

1st February 2010, 20:47	#48 (permalink)
Its WAR Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft Court has now set a date for a hearing in April. The hearing is to decide whether or not to strike out my claim. Nationwides defence relies on the Supreme Court test case judgement, that the charges are allowed and therefore I have no case. So, I guess the judge will decide there and then whether to strike out. If he does strike out, its game over. If he does not strike out, I guess he will list a new date to hear the case. Or, will he hear it straight away? I guess I need an argument to win the strike out AND I must revise my particulars, any suggestions? But the case is more complicated. The account is an overdraft which the bank reviewed and decided not to renew. They also issued a flawed default notice. I have accepted the unlawful rescission, but they have not replied. So, my claim is for a refund of £500 bank charges and leaving me with a £700 proper overdraft. But due to the unlawful rescission, maybe I dont owe them the £700 either but just the overlimit arrears. Should I therefore include the unlawful rescission argument into my new particulars? Also, is the hearing a small claim, or is not allocated? Costs issues might therefore be a real barrier if the hearing is not allocated.

5th February 2010, 21:01	#49 (permalink)
Its WAR Basic Account Holder Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft Just received a letter from Moorcroft demanding full payment or they will commence a legal action. Dont they know I have already issued one? I still need an urgent answer. As I have accepted their unlawful rescission I only owe the arrears, should I still be seeking the return of the bank charges?

6th February 2010, 14:25	#50 (permalink)
Rhia Classic Account Holder Try our eBay sniping service Cagger since : Aug 2006 I am in: The Inn of Seventh Happiness Posts: 1,595	Re: Nationwide withdrawing overdraft Yes I would use the argument re s140 of the CCA and s51 of the UTCCR. Take a look on this and other forums for advice. You will need to give individual examples of how their actions are unfair and have caused problems. Get a spreadsheet drawn up and add interest to each chyarge and send it to Moorcroft without delay. They may well back off when they see there are charges. It will be quite a fight but keep batting back at them.

19th February 2010, 00:38	#51 (permalink)
Its WAR Basic Account Holder Protect your signature with SignGuard Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft I have offered them £600 to clear the £1200 overdraft. They have accepted the offer but will mark the credit file as partial settlement. I will not be accepting that condition. They have ignored the fact that the default notice was flawed and I could otherwise continue to the hearing set for April.

22nd February 2010, 13:12	#52 (permalink)
freethemice Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Mar 2009 Posts: 262	Re: Nationwide withdrawing overdraft subbing with interest. I have my own battle to face with an Halifax overdraft and will start a new thread on this.

23rd February 2010, 11:23	#53 (permalink)
Its WAR Basic Account Holder Give yourself a better chance with our claims guides and litigation kits Cagger since : Apr 2006 Posts: 738	Re: Nationwide withdrawing overdraft Nationwide returned my £600 cheque today. They would have accepted it in full and final payment of the £1200 overdraft, but insisted they would only mark the credit file as partly settled. I insisted the offer was made subject to the account marked fully satisfied (which it would be, if they made a goodwill payment first to equal the bank charges and interest). Now, I will amend my claim that the account has no debt as they issued a flawed default notice. I just have to argue successfully as the account was an overdraft. If that part of the claim loses, then it will proceed to a standard bank charges reclaim, subject to the Govan Law Centres action.