Nationwide Dilema

[stuffthebanks]

Hi everyone,
Looks like a very fine forum,lots of brilliant help,thank you "FlowerPower" for pointing me in this direction.

Ok, i have a dilema and any help would be most appreciated.
Back in the days of dumb, i never had the benefit of sites like this and CAG,consequently i ended up with a CCJ and charging order attached.
Between the judge and Nationwide solicitor i never stood a chance.

But now 3 years into paying the debt i have realised that Nationwide added lots of late payment charges, not sure exactly how much.

The thing is am i entitled to apply for a SAR from Nationwide, and would i then be entitled to reclaim any charges prior to debt going to court.?

I do realise that because i have the charging order i could be on dodgy ground if i rock the boat.

Anyway, an easy one for you guys with my 1st ever post...

Thanks
Steve

[Never-In-Doubt]

Re: Nationwide Dilema

Hi everyone,
Looks like a very fine forum,lots of brilliant help,thank you "FlowerPower" for pointing me in this direction.

Ok, i have a dilema and any help would be most appreciated.
Back in the days of dumb, i never had the benefit of sites like this and CAG,consequently i ended up with a CCJ and charging order attached.
Between the judge and Nationwide solicitor i never stood a chance.

But now 3 years into paying the debt i have realised that Nationwide added lots of late payment charges, not sure exactly how much.

The thing is am i entitled to apply for a SAR from Nationwide, and would i then be entitled to reclaim any charges prior to debt going to court.?

I do realise that because i have the charging order i could be on dodgy ground if i rock the boat.

Anyway, an easy one for you guys with my 1st ever post...

Thanks
Steve

Hiya

I edited your post above as the person that sent the PM was an alias.

Regards a SAR, sure send NW a SAR and figure out the charges, then by all means you can reclaim however I am sure if they've added charges after the event, it must have been written into the judgment or something, Paul is the best bet - i'll ask him to pop in and check for you....

Best of luck - SAR template is here btw: ---> Our Templates | Unenforceability Templates | Subject Access (SAR) - Advanced Request

[Paul.]

Re: Nationwide Dilema

Hi everyone,
Looks like a very fine forum,lots of brilliant help,thank you "FlowerPower" for pointing me in this direction.

Ok, i have a dilema and any help would be most appreciated.
Back in the days of dumb, i never had the benefit of sites like this and CAG,consequently i ended up with a CCJ and charging order attached.
Between the judge and Nationwide solicitor i never stood a chance.

But now 3 years into paying the debt i have realised that Nationwide added lots of late payment charges, not sure exactly how much.

The thing is am i entitled to apply for a SAR from Nationwide, and would i then be entitled to reclaim any charges prior to debt going to court.?

I do realise that because i have the charging order i could be on dodgy ground if i rock the boat.

Anyway, an easy one for you guys with my 1st ever post...

Thanks
Steve

Righty then

The first step is a data subject access request to see what charges there are. The bank may hide behind the Data protection act and say blah blah blah we only keep 6 years data cos thats all we have to give you blah blah blah ............. so be prepared for that, but there is no reason why you cannot exercise your section 7 DPA 1998 rights and ask for the data.

It would also be wise to ask for a copy of any terms and conditions which covered your account too.

Then once you have this information you can see where you are at.

A word of caution though, it is likely that if they did refund the sums it would simply be set off against the debt, and i really do wonder if the chance is lost if you needed to go to court with this as to bring a stand alone case it seems to me you could fall foul of the rule in Henderson v Henderson whereby you could have conceivably took that point during the course of the previous hearing and therefore may be faced with difficulty in re commencing this issue. Although you may be able to seek leave to file a counterclaim, but im not sure (see Southern District Finance v Turner )

Very very tricky

[stuffthebanks]

Re: Nationwide Dilema

Thanks guys,and appreciate your time Paul.
I think maybe on this one i will leave well alone.
Just wish i had known all this info back then during the initial court case.
I never stood a chance.....
Still thats all changed now, and i am fighting back eleswhere.
Cheers once again,
Great site,
Steve