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

[kfiggitt]

I really hope so mumofthreeboys.

My partner is saying i told you you should of accepted £360!

He's making me nervous!

K x

[Mumofthreeboys]

Originally Posted by kfiggitt

My partner is saying i told you you should of accepted £360!

He's making me nervous!

K x

Awwww, don't let him make you feel nervous, he'll be laughing on the other side of his face soon you'll see MOTB xxxx

[closey]

MOTB is quite right...you have nothing to be nervous of. However I would highly recommend you spend this time reading up on the legalities so IF your case goes to court you are fully prepared.

That said, I think a full settlement cheque is coming your way very very soon.

[kfiggitt]

Hi all,

HURRAH!!!

Just received a letter from Barclays stating my "claim lacks merit" and enclosed copies of the terms and conditions relating to my Woolwich account. They have also offered me £390 as full and final settlement and without any admission of liability!

I am not happy. If i were to accept this i would lose my £50 court costs.

Any advice welcome here.

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.

Push for the whole amount after all you will loose out if you dont, you have come this far don't give up, and don't listen to your partner who will say take it take it...

If they can offer this amount then they are as good as saying they give up!!

[kfiggitt]

Thanks for the advice Lueeze.

I will definatly fight on.

Just been reading the Woolwich's terms and conditions for charges on their accounts. It does clearly state "If you have gone overdrawn or breach conditions of account we reserve the right to charge you for any costs incurred in the recovery of your account documents, the cost of the overdrawn balance, reasonable costs and fees paid by us!"

So they may think they are right but i don't accept it costs them £30 + each time a d/d is returned to my account!

Almost forgot to mention in this letter received today the Barclays say they think my case will fail in court!!!

K x

Im filling for my partner on Monday for the Woolwich total £1900 and I will be reclaiming it till the death LOL!

They will say ANYTHING they can to make you back down, I just IGNORE anything that comes from them unless its offer of full payment...

Lou xx

[kfiggitt]

Hi Lueeze,

Thanks once again for the advice.

I have also spoken to an admin on the bank penalty charges website where i have the same thread. After a long morning of discussion amongst the admins there, they advised me to courtesy call Barclays tomorrow re: £50 court fee but regardless if i get this or not still go ahead and accept the £390 as this was my original total before incurring court fee. They seem to think if i were to go to court the judge may throw out my case if he knows i have been offered full refund but not accepted this amount. So this is what i am going to do.

If anyone reading this is behind me in this process i'd be happy to advise and good luck to you all.

K x

£390 is coming home!!!

I would say different myself ater lots of cases on herre like this...

MODS?!?!?

[closey]

I would say different too. If you were to go to court and win they would have to pay your costs.

I have claimed back costs in my win against Lloyds and they didn't bat an eye lid when ask them to include costs in my settlement cheque.

[Bookworm]

They seem to think if i were to go to court the judge may throw out my case if he knows i have been offered full refund but not accepted this amount.

Total BS.

Once you have issued a claim and have incurred the costs, the other party is liable for those costs AND the 8% APR. If they didn't want to pay those costs, you had after all given them plenty of chances to pay up before issuing claim.

You are suing them, not the other way round. If they want you to stop suing them, they should abide by YOUR terms, and those terms were full repayment of your charges AND reimbursement of your expenses (court fees).

I'm sorry that you chose to follow the advice where you end up with less, but of course, it is your choice. I am curious, though: WHY did you choose to follow their advice when you end up with less?

[kfiggitt]

Just spoke to Barclays. Asked to speak with Keith Jeremiah and he's in a meeting. I left my contact details then the woman taking my message asked what it was concerning. I said a settlement of a claim. She advised me to email Keith as he is very busy and has been for a few weeks now.

I have his email but i was wondering if anyone could help me word the fact i want my court costs back as well in a polite manner.

Many thanks

K x

[kfiggitt]

GOOD NEWS EVERYBODY...

I have just received an email from Keith Jeremiah who has agreed to pay my court fee as well as my bank charges of £390.

Hurrah i've won all £440 back, there is justice!!!!!!!!!!!

Yey yey yey

Thanks to all who've helped me x x x x

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.

[closey]

Wow, congratualtions, that is excellent news.

Have you agreed to any conditions?

Remember not to cancel the claim with courts until that money is well and truely in your bank account.

Enjoy spending it!

[kfiggitt]

Hi closey,

Thanks for all your advice.

Quote from email from Keith Jeremiah;

"As regards the court, I will write to say that we will not be attending on Monday. You can write to the court to say that you have agreed settlement terms with the bank, but payment has yet to be made."

Also had to sign a letter stating settlement figure and agreeing to keep the terms of the offer confidential.


K x

[closey]

Originally Posted by kfiggitt

Hi closey,

Thanks for all your advice.

Quote from email from Keith Jeremiah;

"As regards the court, I will write to say that we will not be attending on Monday. You can write to the court to say that you have agreed settlement terms with the bank, but payment has yet to be made."

Also had to sign a letter stating settlement figure and agreeing to keep the terms of the offer confidential.


K x

What a flipping cheek. I would write back stating that you have no intention of communicating with the courts until the full cleared settlement is showing in your bank account.

[kfiggitt]

Hi Closey,

I have all emails from Keith printed off so i have everything he has agreed to in black and white.

K x

[closey]

Good work. I can't wait until my woolwich claim goes the same way.

[Mumofthreeboys]

Originally Posted by kfiggitt

Also had to sign a letter stating settlement figure and agreeing to keep the terms of the offer confidential.

You don't have to sign it - I won't be

[Bookworm]

Originally Posted by kfiggitt

Also had to sign a letter stating settlement figure and agreeing to keep the terms of the offer confidential.

K x

Well done on holding your ground on the costs. Shame about still letting them calling the shots over keeping your mouth shut to get YOUR money back.

A word of warning on this: If you have indeed agreed confidentiality, it is legally binding, and you shouldn't be keeping on talking about it. This forum can not condone such an action, and I must ask you not to discuss this claim any further on this forum.