Lowells and Nationwide.

[JudgeDreddy]

hi peeps,

For my next trick, i seek help with this.

In May 2007 I changed banks from Nationwide to HSBC because despite being a customer of theirs since 1983 they refused to give me a usable card (chip n pin). I got told they'd swap all my Direct Debits across, which as far as i was concerned they did so as I didn't need to do anything except swap my wages over.

I've recently been contacted by Lowell regarding an outstanding balance of £500+

So far the following has occured.

30th Dec - rec snotty stuck up letter demanding payment

06th Jan - Sent prove it letter

11th Jan - rec "looking into it" letter

***24th January myself and my partner split up, i am living with my sister and family until i get sorted (unable to work on ESA)***

05th Feb sent e-mail explaining above and that i could not receive land mail. All comms via e-mail until further notice.

06th Feb - ex gave me post, included in it was comm from Lowell (1st Feb) and the statements from the account from 2005 until sept 2007 (when the account went default). They say they've complied with my prove it request, now they want paying or they'll issue legal proceedings against me without further notice.

As suspected all the "debt" is made up of charges for direct debits that where bounced back. The account was basic, no OD, no Cheque, no chip card nothing at all.

I received an e-mail back which says they've complied with my prove it request and sent the statements. No CCA because bank accounts are exempt (which i suspected anyway).

The e-mail also stated they are not willing to communicate with me via e-mail owing to the "data protection act" and that i should call them. Me thinks not somehow.

Sorry this is so long, just wondering what i should do with it now.

Cheers

Dave

[Never-In-Doubt]

Re: Lowells and Nationwide.

Bear with me, I'll reply in morning with a suitable response to Lowell. Don't worry, for £500 nothing will happen. Ignore them but hold fire til morning.

[JudgeDreddy]

Re: Lowells and Nationwide.

Bear with me, I'll reply in morning with a suitable response to Lowell. Don't worry, for £500 nothing will happen. Ignore them but hold fire til morning.

Thanks, keep it clean ha ha ha

[Never-In-Doubt]

Re: Lowells and Nationwide.

Naturally


* mental note to niddy - mustn't call them wankers

[Never-In-Doubt]

Re: Lowells and Nationwide.

I cannot advise with regards to Nationwide right now cos I do not have the info to hand, as to argue for you. But if you complain to them, make sure you list all the faults etc and argue that it wasn't your fault and so you dispute the sum requested and refuse to pay it. Don't buckle.....

If you need me to write to NW for you, then supply me with enough details and I will do so - however it'd be quoting the same laws as you so really you should be fine with it....

In the meantime, respond with this; to Lowells:

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have previously advised you that I was unsure what this debt relates to, and maintain that stance. The fact you sent statements proves nothing.

Now, I do remember a few years ago that I had a Nationwide account that was a Basic style bank account meaning that going overdrawn, was against the terms and almost impossible to achieve even if I'd tried to. That said, it appears that when I changed banks to HSBC something went amiss which resulted in the account going overdrawn, which really is not my concern being I have my own paperwork and proof that suggests I did nothing wrong.

Moving on to your absolutely ridiculous threats, let me point out that you have more chance of winning the lottery than seeking any enforcement over this small sum, that is disputed. The cost implication of involving you, coupled with the fact the account was properly closed at the time I moved banks, means I have little to worry about so knock yourself out, start action and I'll see you in court. I really look forward to it. However, we both know that will not happen so save your own energy, and my time by returning this account as in query, to the original creditor (Nationwide). If you persist in annoying me with misleading and threatening behaviour, not only will I seek legal advice against you but I will also report you to each of your governing bodies, with a detailed transcript of your false claims to date.

I have advised, on numerous occasion that I am currently homeless and only able to communicate via email. I do not have an address to write to nor do I have a phone to call so please stop trying to hide behind the DPA(1998) - we both know that email is an acceptable form of communication so long as the data subject is happy with that, which I am, being it is the ONLY way I am able to communicate with you. For the record, I'd like you to respond to this email advising exactly where in the DPA it stipulates that email is prohibited?

I will also be writing to Nationwide, so in the meantime I suggest you close this account and return it to them as any further breaches of legislation will be reported without further notice, with a claim for your consumer credit licence to be reviewed at the same time.

Yours faithfully,


Sign digitally

[JudgeDreddy]

Re: Lowells and Nationwide.

I cannot advise with regards to Nationwide right now cos I do not have the info to hand, as to argue for you. But if you complain to them, make sure you list all the faults etc and argue that it wasn't your fault and so you dispute the sum requested and refuse to pay it. Don't buckle.....

If you need me to write to NW for you, then supply me with enough details and I will do so - however it'd be quoting the same laws as you so really you should be fine with it....

In the meantime, respond with this; to Lowells:

I've only just met you but i love you already lol

I'd like to forumate a letter for NW aswell, i'm not taking this laying down lol.

What information do you require?

I was thinking now i have the statements for the life of the account I could add all the charged together, is it still feasible to claim these back? I seem to remember a court case not going so well a while back.

[Never-In-Doubt]

Re: Lowells and Nationwide.

I've only just met you but i love you already lol

I'd like to forumate a letter for NW aswell, i'm not taking this laying down lol.

What information do you require?

I was thinking now i have the statements for the life of the account I could add all the charged together, is it still feasible to claim these back? I seem to remember a court case not going so well a while back.

Do you like the above then? I know it sounds cheeky, but it is the ONLY language they understand, ie a direct threat...

Next steps - ie for NW - Can you list in date format the charges and how the came about - then we'll go for a totality write off - if you provide the details, i'll provide the template to send. Point of fact, you need to be looking at the problems, and listing them, as and when they occurred so at the time of the account swapping from NW to HSBC..... also, if you have dates/details of any letters or calls made at the time, about the cancelled DD's and charges.

Cheers

[JudgeDreddy]

Re: Lowells and Nationwide.

Do you like the above then? I know it sounds cheeky, but it is the ONLY language they understand, ie a direct threat...

Next steps - ie for NW - Can you list in date format the charges and how the came about - then we'll go for a totality write off - if you provide the details, i'll provide the template to send. Point of fact, you need to be looking at the problems, and listing them, as and when they occurred so at the time of the account swapping from NW to HSBC..... also, if you have dates/details of any letters or calls made at the time, about the cancelled DD's and charges.

Cheers

I cannot provide any proof. I usually keep paperwork for 2 years (i now keep it for six). I didn't even know about this debt until december 10.
I dare say if i ask HSBC they'd tell me when the account was opened, although my credit report states the account opened on "10/05/2007"
The "debt" shows last delinquent at 09/07.

Last pay which went into Nationwide was 10/05/2007.

22/05/07 - fees for unpaid DDs in the previous month came to £270.00 (9) which i'd probably have to admit to , although after that it continues to carry on. DD's come in, returned and charged for right through to 21/09/07.

I was thinking i'd go through the whole account and total up the charges and see about claiming them back if I can.

[JudgeDreddy]

Re: Lowells and Nationwide.

in addition, total charges from the 03/06 to account end 09/07 add up to about £790.

Also in the statements, I have found 3 direct debits bounced on the same day despite my account being in the black by about £400 with 3x bounced charges the following month.

slight edit with the dates too. Final bounced DD was 06 Jun 07. Final DD charges were 23 Jun 07, after that, Unauthorised OD fees.

[JudgeDreddy]

Re: Lowells and Nationwide.

not heard anything back from them yet

[Never-In-Doubt]

Re: Lowells and Nationwide.

not heard anything back from them yet

Ok, well keep us updated! As for NW - don't worry about writing to them (as you can't provide me enough to warrant a formal complaint, lets leave it for now)....