Have i got a case with the Woolwich? **WON**

[kfiggitt]

Thanks slimliz30 for your support. I know what you are saying is how it is. When its your own case though it seems quite daunting but i will win because the Woolwich are in the wrong not me.

And i will get all of my £440 back!

Will keep you all updated.

K x

[kfiggitt]

Hi all,

Got a neighbour who has had lots of bank charges with a bank he is with.
He has closed the account in question but still banks with the same bank.

Can he still claim back his bank charges even though he has closed the account?

Please could someone advise? I have read the FAQ'S but could not see this question.

The more people i can help the better.

Many thanks.

K x

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[barracad]

Originally Posted by kfiggitt

Got a neighbour who has had lots of bank charges with a bank he is with.
He has closed the account in question but still banks with the same bank.

Can he still claim back his bank charges even though he has closed the account?

Please could someone advise? I have read the FAQ'S but could not see this question.

From the FAQs:

Q. I was charged on an account that I have closed XX years/months ago, can I still claim for my money back?
A. Yes, regardless of if the account is open or closed, you can go back 6 years.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[kfiggitt]

Hi all,

I received notice from the court today that the Woolwich have filed a defence!

I have read through the questionnaire but am a little confused what i should write and tick in certain sections.

Can anyone help or advise please?

K x

Nearly there? I hope so...............

[barracad]

Some of the questions are straight forward - which sections are you unsure of?

[kfiggitt]

Should i have any witnesses? I.e my partner as its a joint account?, Also the question "do you want to use an experts report at the hearing?" and what should i put in the other information box to help support my case?

Many thanks,

K x

[barracad]

No witnesses, no expert repot.

Other information is only for information regarding the management of the case, not any details regarding the case itself. So for example do you need any special arrangements (e.g. wheelchair access), will there be a lot of paperwork for the judge to read through - basically any other information which would not normally be expected for a small claims hearing.

[kfiggitt]

Thanks Barracad,

I have just filled the questionnaire in, signed and dated it.

Will be delivering it by hand first thing tomorow morning.

K x

[Mumofthreeboys]

I expect I'll be in the same boat as you pretty soon.

Make sure to keep us all posted, or else I'll be coming to you for advice. Good luck, not that you'll need it, MOTB xxxx

[kfiggitt]

Delivered my court allocation questionnaire in person yesterday.

K x

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[kfiggitt]

Had a voicemail message on my mobile from a Jane Ballard at Barclays head office. :o

I am going to return her call shortly any advice welcome please....

Thanks,

K x

Could this be the settlement?

[closey]

When you speak to her I would say that you require any communication in writing and politly say you are ending the call and that you will await her letter. If you don't want to do that try and record the call, but make sure you advise her you are doing so.

[Mumofthreeboys]

Originally Posted by kfiggitt

Had a voicemail message on my mobile from a Jane Ballard at Barclays head office. :o

I am going to return her call shortly any advice welcome please....

Thanks,

K x

Could this be the settlement?

I reckon it probably is - but I would be very non-committal (sp) in what I said over the phone.

[Mumofthreeboys]

Originally Posted by closey

When you speak to her I would say that you require any communication in writing and politly say you are ending the call and that you will await her letter. If you don't want to do that try and record the call, but make sure you advise her you are doing so.

Closey - like minds and all that. You were quicker than me this time

[kfiggitt]

Just Rang Jane Ballard's number. Jane is now on holiday until Monday 3rd July 2006. Her voicemail said to call her collegue Karl (who i have spoken to before and is useless.)

Anyway i just tried to call Karl and got answer phone again saying leave message, ref number etc and someone will get back to me within 48 hours!

Aargghhhhhhh

K x

[kfiggitt]

Woolwich rang me back this afternoon. Apparantly got crossed wires. They rang me as they thought i had rang them and vice versa. So, still only willing to offer me £360.

The guy i spoke to said they will not give me £440 and if i want this amount i will have to pursue my court case.

I am now worried as it looks like they are willing to see me in court.

What should i do now? Any advice gratefully received.

K x

[kfiggitt]

Just spoke to my local court to find out whats happening as i havent heard anything since returning my court allocation questionnaire.

Apparently Woolwich have also filled in a court allocation questionnaire. Now i wait and in a week or two i should get a lettert with a court date on!

Aaarghhhhhh

K x

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Mumofthreeboys]

Curiouser and curiouser!!!

[kfiggitt]

Oh my goodness! Received a letter today with a court date of the 14th August!

I'm really nervous now...........

K x

[Mumofthreeboys]

Originally Posted by kfiggitt

Oh my goodness! Received a letter today with a court date of the 14th August!

I'm really nervous now...........

K x

My guess would be that you'll get your cheque on about 11th or 12th August. I'll be keeping a close eye on you - I'm just a little behind you, I should be getting my court date any day now